RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-01530
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His 2003 Bad Conduct Discharge (BCD) be upgraded to general.

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APPLICANT CONTENDS THAT:

A job offer in the security field was retracted due to the BCD. The job would help him get back on his feet and help his future. He would like a second chance to help and protect others.

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 Dec 98 and was assigned to the 1st Component Repair Squadron at Langley AFB, VA, as a jet engine apprentice. 

On 28 Aug 00, the applicant received a referral Airman Performance Report (APR) for the period 29 Dec 98 through 28 Aug 00. He was given an overall rating of “1” (Not Recommended for Promotion) for failing to meet minimum standards, unacceptable on/off duty conduct, and ineffective leadership. The rater commented the applicant continually displayed misconduct and lapses in judgment despite counseling, intervention, Letters of Reprimand (LOR), Unfavorable Information File/Control Roster (UIF/CR) action, and civil convictions. Further, the applicant was insubordinate towards his immediate supervisor and failed to supervise a civilian minor under his sponsorship who reportedly consumed alcohol.  The applicant consumed alcohol while underage and was cited for driving a vehicle without a valid driver’s license. The applicant rebutted the rater’s comments but the additional rater concurred with the rater.

On 11 Jul 01, a general court-martial found the applicant guilty of using Ecstasy on divers occasions between, on, or about 1 May 00 and 18 Jul 00.  He was sentenced to a BCD, confinement for 15 days, forfeiture of $695.00 pay per month for one month, and reduction to airman basic. The sentence was adjudged on 22 Mar 01, and, following the appellate process, the sentence was affirmed on 6 Nov 02 and the BCD ordered executed.

The applicant was separated with a BCD on 25 Feb 03 in the grade of airman basic after 4 years, 1 month and 26 days of active service.

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AIR FORCE EVALUATION:

AFLSA/JAJM reminds the AFBCMR that its ability to correct records related to courts-martial is limited to changing the sentence on the basis of clemency and that it cannot reverse, set aside, or otherwise expunge a court-martial conviction that occurred on or after 5 May 1950.  There is no legal basis for upgrading the applicant’s discharge. He was afforded all rights granted by statute and regulation and he has failed to point to any legally sufficient reason as to why the discharge should be upgraded. Clemency is not warranted in this case and the applicant’s request should be denied.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 23 Jul 04 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his BCD should be upgraded. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by AFLSA/JAJM.  We therefore adopt the rationale expressed as the basis for our decision that the applicant has not sustained his burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 21 October 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-01530 was considered:

   Exhibit A.  DD Form 149, dated 4 May 04, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 12 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.