RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01549 INDEX CODE:	110.02
COUNSEL:	NONE
HEARING DESIRED:	NOT INDICATED

APPLICANT REQUESTS THAT:
His bad conduct discharge be upgraded on the basis of clemency.

APPLICANT CONTENDS THAT:
He had over 16 years of honorable service prior to his court- martial. In addition, he was selected as the Noncommissioned Officer (NCO) of the Year for his Support Group and has numerous individual achievements and awards.

He voluntarily submitted to a polygraph, a second urinalysis, a hair test, and two searches of his home to prove his innocence.

His punitive discharge has destroyed him emotionally and is not of his character. He states all he wants is to support his family physically, mentally, spiritually, and financially.

In support of his request, the applicant provided statements in his own behalf, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, extracts of an investigative report, character statements used at his court-martial, and certificates.

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

STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 22 Nov 85 and was progressively promoted to the rank of master sergeant.  He had
16 years of service when he was tried by a general court-martial for divers use of cocaine. The primary evidence against the applicant consisted of a random urinalysis which tested positive for cocaine and a hair test which also tested positive for cocaine.

Although the applicant entered a plea of not guilty, a panel of officers and enlisted members found him guilty and sentenced him to  a  bad  conduct  discharge,  confinement  for  six  months,

forfeiture of all pay and allowances, and a reduction in grade to airman basic.

Through counsel,  the applicant requested clemency from the convening authority, appealed to the Air Force Court of Criminal Appeals, and to the Court of Appeals of the Armed Forces; wherein all affirmed his sentence.

While the applicant’s appeals were pending he passed the 20 year mark and became eligible to petition the Secretary of the Air Force for retirement in lieu of execution of his court-martial sentence. He submitted his request on 9 May 06; however the request was denied on 25 Jan 07 and his bad conduct discharge was finally executed on 5 Jun 07.

AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. The applicant was afforded all his rights during the trial and post-trial process including the clemency process. There is no evidence of clear error or injustice.

The complete AFLOA/JAJM complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states to this date, he has no idea how cocaine or cocaine metabolite was identified in his body. He further states one of the agents who questioned him did not act in good faith.

He disputes the court’s findings stating the Government did not present any evidence to demonstrate he knowingly used cocaine.

The applicant’s complete response, with attachments, is at Exhibit E.

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. 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
1.	
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- 2008-01549 in Executive Session on 7 August 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 20 Apr 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFLOA/JAJM, dated 16 May 08.
Exhibit D.	Letter, SAF/MRBR, dated 22 May 08. Exhibit E.	Applicant’s Rebuttal, undated, w/atchs.