RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02295
		INDEX CODE:  110.02
		COUNSEL:  None
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge.

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APPLICANT CONTENDS THAT:

He was young and was given a drug test without proper counsel.  

In support of his request, the applicant provides a character reference letter.  The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 14 Feb 84, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  

On 10 Oct 87, the applicant was tried by a general court-martial.  He was charged with violation of Article 112a, wrongful use of cocaine; and Article 134, breaking restriction.  He was found guilty and was sentenced to discharge with a BCD, confinement for 11 months and forfeiture of $300 pay per month for 11 months.  The applicant was discharged with a bad conduct discharge on 8 Aug 88.  He served 3 years, 8 months and 17 days on active duty.  His period of lost time was from 13 Oct 87 through 20 Jul 88 due to his confinement.

The remaining relevant facts are contained in the letter prepared by the Air Force Legal Operations Agency (AFLOA/JAJM) at Exhibit C.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states the applicant identified no error or injustice related to his prosecution or the sentence.  While clemency may be granted it is not warranted in this case.  The applicant's sentence to a BCD, confinement for 11 months, and forfeiture of pay and allowances was well within the legal limits and was an appropriate punishment for the offenses committed.  The military judge ensured the applicant understood the meaning and effect of his plea and the maximum punishment that could be imposed if his guilty plea was accepted by the court.  The trial attorney introduced evidence that the applicant had been punished three times under Article 15, UCMJ, since April 1987, for violating a driving revocation order, failing to go to his place of duty, and for breaking restriction.  He also had a civilian citation for driving while intoxicated in Sep 85.  JAJM states that upgrading the applicant's discharge to general is not appropriate.  The complete AFLOA/JAJM evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Sep 08 for review and response 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 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, after thorough review of the evidence of record, it is our opinion that the comments of the Air Force Legal Operations Agency are supported by the evidence of record.  We find no evidence of error in this case and after thoroughly reviewing the applicant's submission, we do not believe he has suffered from an injustice.  We considered upgrading his discharge on the basis of clemency; however, due to the serious nature of the offense committed, we believe that the characterization of his discharge was proper and in compliance with the appropriate directives.  In the absence of persuasive evidence to the contrary, we find no basis upon which to favorably consider this application.

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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 Docket Number BC-2008-02295 in Executive Session on 18 Nov 08 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence pertaining to Docket Number BC-2008-02295 was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 08, w/atch.
	Exhibit B.  Applicant's Master Military Personnel Records.
	Exhibit C.  Letter, AFLOA/JAJM, dated 8 Sep 08.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 08.

							
							Panel Chair