RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03648 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His BCD has closed a lot of doors, specifically, in terms of employment and he still feels he can be productive in the civilian work force. He has learned from his mistakes and addressed the issue as to why he was discharged. He has gone through recovery and is practicing a 12-Step program. He feels good about himself and can say that he will remain sober. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial with respect to the request for upgrade from a BCD to honorable. The record reveals the applicant, while serving as a staff sergeant, was tried at a Special Court-Martial. He was charged with one specification of wrongful use of cocaine, in violation of Article 112a, of the Uniform Code of Military Justice (UCMJ). The applicant pled guilty to the charge and specification, the military judge accepted the applicant’s plea and he was found guilty of the charge. He was sentenced to a BCD, confinement for two months, forfeiture of $438.00 pay per month for two months, and reduction to the grade of airman basic. The findings and sentence was adjudged on 12 Feb 87. On 22 May 98 the Air Force Court of Military Review affirmed the findings and sentence. On 7 Oct 87, the applicant’s discharge was ordered and executed. The applicant was afforded all of the procedural rights offered by the court-martial and appellate process. Before accepting the applicant’s guilty plea, 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 military judge explained the elements and definitions of the offenses which the applicant pled guilty, and the applicant explained in his own words why he believed he was guilty. Additionally, after trial, the applicant had a chance to present a request for clemency to the convening authority before final action on the case. Since the applicant received a punitive discharge, his case was automatically referred to the Air Force Court of Military Review. After his findings and sentence was affirmed, he had 60 days from the date of notice to petition the United States Court of Military Appeals; however, he failed to do so. There is no error or injustice in the process of the applicant’s court-martial or appeal. The complete AFLOA/JAJM evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his statement, the applicant provides a summary of events and accomplishments which took place during his career. In addition, he noted the circumstances surrounding the incidents listed in the FBI report and his life since leaving the service, and provides the specific reasons surrounding his dealings with alcohol abuse and being HIV positive. In support of his appeal, he provides a personal statement, certificates of accomplishment and training, letters of support and recommendation, and letters from his civilian medical professionals. The applicant complete response, with attachments, is at Exhibit G. ________________________________________________________________ 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 injustice. We took notice of the applicant's complete submission in judging the merits of the case. The evidence of record reflects the applicant was convicted by special court-martial for one specification of wrongful use of cocaine resulting in a bad conduct discharge. No evidence has been presented which would lead us to believe that the applicant’s service characterization was improper. The applicant provided a personal statement and character references in support of his appeal to have his discharge upgraded based on clemency. However, while we commend the applicant on his many accomplishments, when considering his overall record of service, the seriousness of the offenses which led to his administrative separation, and the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted at this time. 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2010-03648 in Executive Session on 2 August 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Sep 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFLOA/JAJM, dated 23 Nov 10. Exhibit E. Letter, SAF/MRBR, dated 9 Dec 10. Exhibit F. Letter, AFBCMR, dated 8 Jul 11. Exhibit G. Letter, Applicant, dated 14 Jul 11, w/atchs.