AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD97-00459-A	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant appeared before the Board without counsel at the Air Reserve Personnel Center, Denver, Colorado, on 22 Oct 03. The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant's contentions.
Exhibit 6: Character Letter from 18 Oct 03
Exhibit 7: 1st United Methodist Church Employment Contract
Exhibit 8: Cheyenne Symphony Orchestra Letter
Exhibit 9: Laramie County Community College Memorandum, dated 10 Jan 97 Exhibit 10: Thank You Letter from  Parks and Recreation, dated 15 Jul 02
Exhibit 11: Character Letter from 22 Sep 03
Exhibit 12: 1st United Methodist Church Letter, dated 6 Jan 98
Exhibit 13: Character Letter from   ,
Exhibit 14: Character Letter from TSgt (Ret):_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :
Exhibit 15: Wyoming Tribune-Eagle Weekly Entertainment Guide Featuring ... . .. 18 Jul 03
Exhibit 16: Western Trial Advocacy Letter, dated 18 May 98

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS: Upgrade of discharge is denied.
The Board finds that the evidence provided by the applicant does not warrant a grant of clemency in this case.

ISSUES:

Applicant contends his discharge was too harsh and that his post service conduct warrants a grant of clemency and upgrade of his bad conduct discharge (BCD) to an honorable discharge. The records indicated that the applicant, then a staff sergeant, pled guilty at a special court-martial in November 1992 to one specification of the wrongful use of marijuana. He was found guilty and sentenced to a BCD, 15 days confinement and a reduction to senior airman (E-4). After his court-martial conviction and sentence were approved by the convening authority and upheld by the appellate courts, his BCD was executed in November 1993. Under affirmation before the Board, the applicant admitted to post-service drug use, including marijuana and "speed," on multiple occasions. The applicant stated in his request for upgrade that he "accepted full responsibility for his actions" surrounding the wrongful use of marijuana on active duty. Before the Board, however, he testified that he believes he was not at fault for his ingestion of THC, the metabolite in marijuana, because someone had "shot gunned" the marijuana smoke into his mouth while he was highly intoxicated. The Board concluded that this latest version of the facts does not support the assertion that the applicant had accepted full responsibility for his actions. Additionally, it conflicts with the applicant's knowing and willing plea of guilty to the wrongful use of marijuana at his court-martial.

CONCLUSIONS: The applicant received a BCD, a punitive discharge, as part of his sentence resulting from a special court-martial conviction. Under the provisions of Title 10 United States Code, Section 1553, the only basis for a change of a Bad Conduct discharge is clemency. The applicant presented evidence which the DRB opined did not warrant granting clemency.

Attachment: Examiner's Brief