RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-00763
		INDEX CODE: 110.00
 						COUNSEL:  NONE

			  		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 14 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

Her bad conduct discharge (BCD) be upgraded to a general discharge.

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APPLICANT CONTENDS THAT:

She does not believe her punishment was correct considering she told the truth and was a good airman.  She indicates she made a stupid mistake; however she was young but never allowed anything to affect her work performance.  After leaving the military she was depressed and traumatized about what had happened and did not want to think about her military experience and the errors she made.  She is now ready to face her mistakes and attempt to correct her injustice.  In addition, she graduates from Oswego State college (May 2007) with a Bachelor Degree in Zoology and does not want the BCD she received to prevent her from obtaining a government job.

In support of her request, the applicant submits a copy of AF Form 100, Request and authorization for Separation and correspondence consisting of her educational accomplishments/achievements.
 
Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 August 2000. On 19 September 2001, she was charged with wrongful use of methylene dioxymethamphetamine (ecstasy), and wrongful use of lysergic acid diethylamide (LSD), in violation of Article 112a.  She pled guilty to both charges and was sentenced to a BCD, reduction to the grade of airman basic and confinement for three months.  The convening authority approved the sentence as adjudged.  On 23 October 2003 she was discharged in the grade of airman basic.  She served a total of three years, two months and one day on active duty.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states the application is without merit and the applicant is not contending that any specific actions have been taken by reviewing authorities that require correction of her military record.  Thus, any decision regarding her discharge status must be done as a matter of clemency.  However, the applicant sets forth no basis for clemency other than her performance prior to her court-martial and her education since then.  She provides no evidence to suggest the findings of guilt or punishment was unjust. JAJM states the use of ecstasy and LSD are serious offenses which are incompatible with military service.  As such, a general court martial was the appropriate forum.  There is no allegation of impropriety in the manner in which the court-martial was conducted, and she was afforded all the rights accorded by law. She chose to plead guilty to both offenses knowing full well the possible punishment.  There is no evidence of clear error or injustice related to the sentence.  Therefore, there are no reasons to grant the relief requested.  

The complete JAJM evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 July 2007 for review and comment within 30 days. As of this date, this office has received no response (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 an error or injustice.  After careful consideration of the available evidence, the Board found no indication the actions taken to affect her discharge and characterization of her service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than her own misconduct.  Therefore, the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2007-00763 in Executive Session on 8 August 07, under the provisions of AFI 36-2603:

			Panel Chair
		Member
		Member

The following documentary evidence pertaining to Docket Number BC-2007-00763 was considered:

	Exhibit A.  DD Form 149, dated 27 Apr 07, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C   Letter, AFLOA/JAJM, dated 7 Jun 07.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 07.

                                   
                                   Panel Chair