RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00709
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her bad conduct discharge (BCD) be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She served honorably from 1994 through 1998.  She incurred one incident of misconduct resulting in her discharge.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 January 1994 in the grade of airman basic.  She contracted her last enlistment on 15 May 1997 in the grade of senior airman for a period of six years.

On 23 August 1996, the applicant was notified of her commander's intent to impose nonjudicial punishment upon her for the following:  she did, at or near Elmendorf Air Force Base, Alaska, on or about 16 August 1996, unlawfully assault a senior airman by pulling the airman’s hair with her hand and biting the airman on the ear, thumb, and forearm with her mouth.

On 29 August 1996, after consulting with counsel, the applicant waived her right to a trial by court-martial, submitted a written presentation, and did not request a personal appearance.

She was found guilty by her commander who imposed the following punishment:  reduction in grade from senior airman to airman first class, suspended until 28 February 1997, after which time it will be remitted without further action, unless sooner vacated, a forfeiture of $150.00 pay per month for two months, with forfeitures in excess of $50.00 pay per month for two months, suspended until 28 February 1997, after which time it would be remitted without further action, unless sooner vacated and 45 days extra duty.

The applicant did not appeal the punishment.  The Article 15 was filed in her Unfavorable Information File (UIF).

On 21 August 1998, the applicant received a Letter of Reprimand (LOR) for an outstanding balance of $1,729.92 on her Government American Express (AmEx) Credit Card that was more than 120 days delinquent as of 15 August 1998.  It was also determined she made unauthorized charges to the AmEx card.

The applicant, then a senior airman (E-4), was tried by a general court-martial at Robbins Air Force Base, Georgia.  The applicant was charged with larceny in violation of Article 121, Uniform Code of Military Justice (UCMJ); making a false official statement in violation of Article 107, UCMJ; and uttering a false writing, in violation of Article 123, UCMJ.  She was acquitted of the charges under Articles 107 and 123, UCMJ and found guilty of the larceny in violation of Article 121, UCMJ.

On 17 November 2000, the court sentenced the applicant to receive a bad conduct discharge, confinement for 14 months, total forfeitures and reduction to the grade of airman basic.  On 17 March 2001, the convening authority approved the sentence as adjudged.  The applicant’s initial request for parole was denied, in part, because she continued to minimize her involvement and failed to accept responsibility for her actions.  She was subsequently granted parole on 23 July 2001.  Because her approved sentence included a bad conduct discharge, the Air Force Court of Criminal Appeals reviewed the applicant’s conviction and, on 31 October 2001, affirmed the findings of guilty and the sentence.  The applicant appealed to the U.S. Court of Appeals for the Armed Forces.  On 7 May 2002, the Court denied the applicant’s petition for review.

On 27 August 2002, the applicant was discharged with a bad conduct discharge in the grade of airman basic, under the provisions of General Court-Martial Order Number 170.  She served 7 years, 5 months, and 23 days of total active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommended denial indicating the applicant presented no evidence to warrant upgrading her discharge.  Nor does she demonstrate an equitable basis for relief.  Her service was not honorable and she did not earn the same characterization as the service of those who completed their terms of enlistment and fulfilled their responsibilities honorably.  The applicant’s claim lacks merit.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated before this incident occurred she was a model airman.  The Air Force’s evaluation indicated she received an Article 15 for failure to make payments on a government issued American Express card during her second term enlistment.  This is erroneous information.  She did in fact receive a Letter of Reprimand (LOR) for slow payment.  She also received an Article 15 but it was not for an American Express card.

She indicated she enlisted in the Air Force on 4 January 1994 and reenlisted on 14 May 1997.  She served for 6 years and 10 months.  Since her confinement, she has been a model veteran.  She resumed single parenthood and is very proud to have her son back in her life.  She maintains strong faith in God and in her religion.  She is an active member and volunteer with the Bilal Islamic Center.  She has maintained successful employment and is currently enrolled full-time at Concorde Career Institute in California, studying to be a respiratory therapist.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

REVISED AIR FORCE EVALUATION:

AFLSA/JAJM revised their original evaluation due to erroneous information regarding an Article 15 for making unauthorized purchases with a government credit card.  However, their recommendation remained the same - deny.

The evaluation, with attachments, is at Exhibit F.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 30 September 2004, a copy of the revised Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 the case; however, we agree with the opinion and recommendation of the Associate Chief, Military Justice Division and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The evidence of record indicates she was sentenced to a BCD, as a result of her conviction by general court-martial.  She now requests her bad conduct discharge be upgraded to an honorable discharge.  After a thorough review of the facts and circumstances of this case, we find no evidence which indicates the applicant’s discharge was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ).  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an 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-2004-00709 in Executive Session on 18 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 March 2004.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 6 April 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 16 April 2004.
   Exhibit E.  Letter, Applicant, dated 24 April 2004.
   Exhibit F.  Letter, AFLSA/JAJM, dated 31 August 2004,
               w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 30 September 2004
			w/atchs.

				Panel Chair