RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00893 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded.

APPLICANT CONTENDS THAT:
His discharge happened as a result of bad judgment early in life and he takes total responsibility for it; however, he would like to have a better record.

He does not believe his discharge was unjust but he does believe in a second chance so that he can see a medical specialist.

He needs medical assistance from the Veterans Administration and does not want his past mistakes to take a toll on the rest of his life.

He is basically homeless, drug free, and has no counsel at this time.

The applicant's complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 2 Aug 85 and served for a period of 2 years, 8 months, and 11 days as a security policeman.

Records indicate that during the period 22 Feb 86 to 30 Oct 86, the applicant received two Article 15s, Record of Nonjudicial Punishment, for failure to go and dereliction of duty, two Letters of Reprimand for failure to go, a Letter of Counseling for failure to go, establishment of an unfavorable information file, and Control Roster action.

On 9-10 Apr 87, the applicant was tried at a general court- martial for two specifications of wrongful use of cocaine on multiple occasions and two specifications of failure to go. He was found guilty and sentenced to a bad conduct discharge,

forfeiture of $400 pay per month for ten months, and confinement for ten months.

On 8 Jun 87, the convening authority approved the sentence as adjudged. The U.S. Air Force Court of Military Review approved the findings and sentence as correct in law and fact on 3 Aug 87. On 13 Nov 87, the convening authority remitted the unexecuted portion of the ten month period of confinement.

The applicant was discharged on 12 Apr 88 with a bad conduct discharge.

AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states the application is untimely and the applicant’s contentions are without merit. Over
20 years have passed since the applicant’s trial. The applicant has identified no error or injustice related to his prosecution or the sentence. While clemency may be granted under 10 U.S.C. 1552(f)(2), it is not warranted in this case. A bad conduct discharge is more than merely a service characterization; it is designed to be authorized punishment for a number of offenses, including wrongful use of cocaine, the crime that the applicant committed repeatedly during his brief service as a member of the armed forces. The applicant’s sentence was well within the legal limits and was an  appropriate punishment for the offenses committed.

The applicant’s present unfortunate circumstances do not excuse or erase his past criminal conduct or make his bad conduct discharge characterization for repeated use of cocaine in 1987 any less appropriate now than it was then.

The application is untimely and there is no basis for upgrading the bad conduct discharge.

The complete AFLOA/JAJM evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 25 Apr 08 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response.

FEDERAL BUREAU OF INVESTIGATIONS (FBI) REPORT:
Pursuant	to	the	Board’s	request,	the	FBI	provided	an investigative report, XXXXXXXX, which is at Exhibit E.

APPLICANT’S REVIEW OF FBI REPORT:
A copy of the FBI report was forwarded to the applicant on 7 Jul
08 for review and comment within 15 days (Exhibit F).	As of this date, no response has been received by this office.

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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 Docket Number BC- 2008-00893 in Executive Session on 19 June 2008 and 22 July 2008, under the provisions of AFI 36-2603:

Chair 
Member
Member

The	following	documentary	evidence	was	considered	for	Docket Number BC-2008-00893:

Exhibit A.	DD Form 149, dated 3 Mar 08.
Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Memorandum, AFLOA/JAJM, dated 14 Apr 08, w/atchs. Exhibit D.	Letter, SAF/MRBR, dated 25 Apr 08.
Exhibit E.	FBI Report
Exhibit F.	Letter, AFBCMR, dated 7 Jul 08.