RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00941
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her bad conduct discharge be upgraded to an honorable discharge.
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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

In support of her request, the applicant submits a personal statement and additional documents associated with the issues cited in her contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date is 17 Sep 92.

On 8 Mar 97, the applicant was tried before a general court‑martial at XXXX AFB, XX.  She pled guilty to wrongful distribution of marijuana on divers occasions, in violation of Article 112a, UCMJ.  On 13 Jan 97, the applicant was sentenced to a bad conduct discharge, confinement for six months, forfeiture of all pay and allowances, and reduction in grade from senior airman (E-4) to airman basic (E-1).  The convening authority approved the sentence, with the exception that her confinement be reduced from six months to five months.

The applicant received a bad conduct discharge on 1 Apr 98 under the provisions of General Court-Martial Order (GCMO) Number 36, dated 22 Mar 98 (court-martial (drug related offense)).  She had completed a total of 5 years, 2 months and 12 days and was serving in the grade of airman basic (E-1) at the time of discharge.  The applicant’s dates of lost time were 13 Jan 97 through 15 May 97.

On 13 Mar 00, the applicant applied to the Air Force Board for Correction of Military Records (AFBCMR) forcorrection of her records indicating a drug offense charge at XXXXX AFB, MD.  Her application was denied by the Board on 10 Oct 00.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.
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AIR FORCE EVALUATION:

HQ AFLSA/JAJM recommends the application be denied.  JAJM stated that the applicant’s claim that she did not know what was contained in the packages she possessed directly contradicts the statements she made, under oath, when she pleaded guilty.  The applicant pled guilty pursuant to a pretrial agreement.  JAJM stated that the maximum punishment authorized for the offense was a dishonorable discharge, confinement for 15 years and total forfeiture of all pay and allowances.  The sentence was well within the legal limits and the bad conduct discharge was an appropriate punishment for the offense committed.  The findings of guilty and the sentence, including the bad conduct discharge, were affirmed upon appellate review.  The convening authority reduced her sentence by one month when he took action and three days of early release time.  While applicant’s desire to become a nurse is admirable, the evidence she presented is not sufficient to warrant an upgrade of the bad conduct discharge and does not demonstrate an equitable basis for relief.  The applicant’s service was not honorable and her discharge was properly characterized.  Her court-martial was properly conducted and she was afforded the rights accorded by law.  The applicant has provided no evidence of a clear error or injustice related to the sentence.  Therefore, there is no reason required by law to grant the relief requested.  The AFLSA/JAJM 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 2 Aug 02 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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  However, the Board majority agrees with the opinion and recommendation of the appropriate Air Force office and adopts the rationale expressed as the basis for the decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  In view of the above and absent evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief sought in this application.

4.	The Board majority also finds insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  Inasmuch as it has only been approximately four years since her discharge, the Board majority does not consider the passage of time sufficiently lengthy to support favorably considering clemency in the form of an upgraded discharge at this time.
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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
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The following members of the Board considered this application in Executive Session on 26 November 2002, under the provisions of AFI 36-2603:

By a majority vote, the members voted to deny applicant's request.  Ms. Jacobson voted to grant the applicant's request but did not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 16 Jul 02.
   Exhibit D.  Letter, SAF/MRBR, dated 2 Aug 02.

                                   

AFBCMR 02-00941

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
				CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT
 
	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.