RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00256
		INDEX CODE:  A68.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  23 Jul 06

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to general.

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APPLICANT CONTENDS THAT:

His discharge should be upgraded to general.

In support of his appeal, the applicant provided extracts from his military personnel records.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicates he initially enlisted in the Regular Air Force on 14 May 82 for a period of four years in the grade of airman basic.

On 17 Nov 86, the applicant was convicted by special court-martial of wrongfully using cocaine.  He was sentenced to a BCD, confinement for three months, forfeiture of $100.00 for three months, and reduction from the grade of airman first class to airman basic.  The convening authority approved the sentence as adjudged. 

On 1 Jun 87, the approved sentence of the special court-martial having been affirmed, the applicant’s discharge was ordered into execution.  He was discharged with a BCD on 30 Oct 87.  He was credited with 5 years, 7 months, and 15 days.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating that based on the documentation in the records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority, and the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his character of service.

A complete copy of the AFPC/DPPRS 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 applicant on 18 Mar 05 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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, we agree with the opinion and recommendation of the Air Staff and adopt their 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 substantial evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2005-00256 in Executive Session on 21 Apr 05, under the provisions of AFI 36-2603:

					, Panel Chair
					, Member
	 			, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 8 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Mar 05.

                                   Panel Chair