RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01414

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Bad Conduct discharge be upgraded to Honorable.


APPLICANT CONTENDS THAT:

He was discharged after only his first offense and has not had a 
problem with illegal substances since leaving the Air Force.  He 
has been out of the service for over 20 years.  He is trying to 
better himself and his family with better work opportunities.  
Allowing this upgrade will help him achieve his goals for a 
better job with higher pay. 

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 Sep 
85.

On 14 Feb 89, the applicant was found guilty by a General Court-
Martial of 6 violations of the Uniformed Code of Military 
Justice stemming from the wrongfully use and distribution of 
marijuana and cocaine.  The applicant was sentenced to a Bad 
Conduct discharge, 7 months confinement and reduction to the 
grade of airman basic.

On 1 Nov 89, the general court-martial convening authority 
ordered the applicant’s Bad Conduct discharge executed.

On 23 Jan 90, the applicant was furnished a Bad Conduct 
discharge, and was credited with 4 years, 4 months, and 19 days 
of active service.   

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant was found guilty, in 
accordance with his plea, of wrongful use and distribution of 
marijuana on divers occasions, in violation of Article 112a, and 
wrongful attempt to use and distribute cocaine, in violation of 
Article 80 of the Uniform Code of Military Justice.  He was 
sentenced to 7 months confinement and reduction to the grade of 
airman basic.  

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 Sep 14 for review and comment within 30 days 
(Exhibit D).  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 an error or injustice.  We note 
that this Board is without authority to reverse, set aside, or 
otherwise expunge a court-martial conviction.  Rather, in 
accordance with Title 10, United States Code, Section 1552(f), 
actions by this Board are limited to corrections to the record 
to reflect actions taken by the reviewing officials and action 
on the sentence of the court-martial for the purpose of 
clemency.  We find no evidence which indicates the applicant’s 
service characterization, which had its basis in his court-
martial conviction and was a part of the sentence of the 
military court, was improper or that it exceeded the limitations 
set forth in the Uniform Code of Military Justice (UCMJ).  We 
have considered the applicant’s overall quality of service, the 
court-martial conviction which precipitated the discharge, and 
the seriousness of the offenses to which convicted.  However, in 
the absence of any evidence related to the applicant’s post-
service activities that would enable us to determine if his 
accomplishments since his discharge are sufficient to overcome 
the misconduct for which he was discharged, we find no basis 
upon which to favorably consider this application.


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-2014-01414 in Executive Session on 10 Mar 15 under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 10 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Sep 14.