RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04768 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. The following changes be made to her DD Form 214, Certificate of Release or Discharge from Active Duty: a. Item 24 (Character of Service), be changed from Bad Conduct Discharge (BCD) to general (under honorable conditions). b. Item 4b (Paygrade), be changed from E-1 to E-4. c. She be entitled to the Air Force Basic Training Instructor Ribbon. APPLICANT CONTENDS THAT: She was unjustly discharged from the Air Force. She unintentionally smoked a cigarette laced with cocaine that someone gave her at a party. She reported for a urinalysis without hesitation. When the results came back positive for cocaine, she was treated as an outcast, and no consideration was given to her outstanding military record. She humbly begs the Board to review her military records and upgrade her discharge to general (under honorable conditions) based on clemency. In support of her requests, the applicant provides copies of her DD Form 214; college diploma, citations training certificates and various other documents related to her appeal. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 13 September 1982, the applicant enlisted in the Regular Air Force. According to General Court-Martial Order No. 6, dated 2 September 1987, contrary to the applicant’s plea, she was found guilty of one specification of wrongful use of cocaine between on or about 1 October 1986 and on or about 15 October 1986, in violation of Article 112a, Uniform Code of Military Justice. On 20 May 1987, she was sentenced to a BCD and reduction to the grade of airman basic (E-1). On 12 April 1990, the applicant was separated with a BCD. Her narrative reason for separation is “Conviction by Court-Martial (other than desertion).” She served 7 years and 7 months of active service. On 4 February 2015, a request for post-service information was forwarded to the applicant for review and comment within 30 days (Exhibit C). In response, the applicant provides a personal statement, character letters, her résumé, Federal and State FBI reports. The applicant’s complete response, with exhibits, is at Exhibit D. AIR FORCE EVALUATION: AFLOA/JAJM recommends denial. The applicant was tried by a general court-martial and found guilty, contrary to her pleas, of one charge in violation of Article 134 [sic], UCMJ, and one specification: wrongful use of cocaine between, on or about 1 October 1986, and on or about 15 October 1985. On 20 May 1987, the applicant was sentenced to a BCD, and reduction to the grade of airman basic. The convening authority approved the sentence in whole on 2 September 1987. The case went through the appellate process and was not modified or mitigated. Final action was taken on 5 April 1990. The punishment adjudged and approved by the convening authority was within the range of permissible punishments. The applicant was afforded all her appellate rights. In accordance with Title 10 United States Code, Section 1552(f), Correction of military records: claims incident thereto, the Board has no authority to overturn the court-martial conviction but may only on the basis of clemency, correct the actions taken by the reviewing authorities, i.e., the sentence. In this case the applicant stated that her use of cocaine happened inadvertently when she requested a cigarette at a party and was given one laced with cocaine. She also includes a list of her achievements while in the Air Force, as well as her achievements since separation. Despite the documents the applicant submitted, there is no new evidence sufficiently persuasive to overturn or affect the decisions of the court. Additionally, final action was taken in April 1990, about 25 years ago, so the application is untimely. As a result, AFLOA/JAJM recommends the Board not grant relief based on any error or injustice with the court-martial process. A complete copy of the AFLOA/JAJM evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request for entitlement to the Air Force Basic Military Training Instructor Ribbon. The Secretary of the Air Force established the Air Force Basic Military Training Instructor Ribbon on 7 December 1998. This ribbon is designed to acknowledge past, present, and future Military Training Instructors who display commitment and dedication to the training of our Air Force personnel. This ribbon is intended for Military Training Instructors. The authorization to wear the ribbon is retroactive for any individual who has successfully completed 12 months duty as a Military Training Instructor and is currently on active duty or a member of a reserve component as of the establishment date of 7 December 1998. While the applicant did serve as a Basic Military Training Instructor between 16 May 1985 and 15 May 1986, she did not serve on active duty as of the establishment date of 7 December 1998 in order to qualify for retroactive eligibility of the Air Force Basic Military Training Instructor Ribbon. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSOE recommends denial of the applicant request to restore her rank to E-4 and defers to AFLOA/JAJM’s recommendation regarding the applicant’s court-martial sentence. A complete copy of the AFPC/DPSOE evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 28 October 2015, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit H). 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 timely filed. 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 his case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain her burden of proof of either an error or an injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04768 in Executive Session on 3 December 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 December 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 4 February 2015, w/atch. Exhibit D. Letters, Applicant, dated 20 January 2015 and 5 May 2015, w/atchs. Exhibit E. Memorandum, AFLOA/JAJM dated 17 June 2015. Exhibit F. Memorandum, AFPC/DPSID, dated 14 September 2015. Exhibit G. Memorandum, AFPC/DPSOE dated 19 October 2015. Exhibit H. Letter, SAF/MRBR, dated 28 October 2015.