RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:               DOCKET NUMBER:  BC-2007-03210
		INDEX CODE: 110.02 
		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

___________________________________________________________________

APPLICANT REQUESTS THAT:

His dishonorable discharge be upgraded to an under honorable conditions (general) discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he has become a responsible member of society.

In support of the application, the applicant submits letters of support from his former employer, pastor and wife.

Applicant's complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 2 May 78.

He was tried before a general court-martial on 9 Feb 82.  He pled guilty to five specifications of wrongfully selling cocaine.  On 25 Feb 82, he was sentenced to a dishonorable discharge, five years confinement, forfeiture of all pay and allowances, and reduction to the grade of E-1.  The convening authority reduced his confinement to four years.  Upon completion of his confinement he was discharged with a dishonorable discharge on 21 Jun 83.

Pursuant to the Board’s request, the Federal Bureau of Investigation provided an Investigative Report which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends the requested relief be denied.  Under 10 USC, Section 1552(f), which amended the basic AFBCMR legislation, the AFBCMR’s ability to correct records related to courts-martial, is limited.  Specifically, Section 1552(f)(1) permits the correction of a record to reflect actions taken by reviewing authorities under the Uniform Code of Military Justice (UCMJ).  Additionally, Section 1552(f)(2) permits the correction of records related to action on the sentence of courts-martial for the purpose of clemency.  Apart from these two limited exceptions, the effect of Section 1552(f) is that the AFBCMR is without authority to reverse, set aside, or otherwise expunge a courts-martial conviction that occurred on or after 5 May 50.

AFLOA/JAJM further states the applicant has not identified any errors or injustices related to his prosecution or sentence.  While clemency is an option, there is no reason for the Board to exercise clemency in this case.  The applicant presents insufficient evidence to warrant upgrading his discharge characterization, and does not demonstrate an equitable basis for relief.

The complete AFSOA/JAJM evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 Dec 07, the Board staff forwarded the applicant a copy of the Air Force evaluation for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

A copy of the FBI Investigative Report was forwarded to the applicant on 30 Jan 08 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit F).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After careful consideration of the available evidence, we found no indication that the characterization of the applicant’s service was improper, contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

___________________________________________________________________

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.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-03210 in Executive Session on 27 Feb 08 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, not dated, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, AFLOA/JAJM, dated 6 Dec 07.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Dec 07.
   Exhibit F.  Letter, SAF/MRBC, dated 31 Jan 08.