RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02563 INDEX CODE: 110.02
XXXXXXX	COUNSEL: NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her court-martial conviction be expunged from her records.

APPLICANT CONTENDS THAT:
She believes the court-martial conviction was unjust because it has been 10 years and it is preventing her from obtaining employment.

In support of the application, the applicant submits a copy of her DD Form 214, Report of Separation from the Armed Forces of the United States, General Court-Martial Order No. 10, and a letter from her employer, South Carolina Department of Education.

Applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 February 1983 and was progressively promoted to the grade of staff sergeant.

On 18-19 November 1998, the applicant was tried by general courts-martial for violating a lawful general regulation by wrongfully sharing Air Force promotion test material with other examinees. The applicant admitted that she shared notes derived from the promotion fitness examination with a fellow staff sergeant. After a military judge accepted the applicant's guilty plea, a panel of officers sentenced her to hard labor without confinement for 90 days, reduction to the grade of airman basic and a reprimand.

The applicant's defense counsel submitted a request for clemency on the applicant's behalf. In the clemency submission, both requested that the convening authority change the part of the sentence that called for reduction to airman basic to senior airman instead.

Her request for clemency was denied and the convening authority approved the findings and sentence as adjudged.

On 3 April 1999, the applicant was discharged with an honorable discharge in the grade of airman basic.	She had served 16 years,
1 month and 17 days on active duty.

AIR FORCE EVALUATION:
HQ AFLOA/JAJM recommends denial as there is no evidence of an error or injustice. The applicant has only provided bare assertions of her inability to obtain employment due to her conviction. In fact, the only letter she provided in support of her request cuts against offering the applicant clemency of any type. The letter she submitted from the South Carolina Department of Education asked for additional information to explain a prior arrest she indicated on her application to gain South Carolina educator certification. It also appears that she failed to indicate her conviction on her application.

AFLOA/JAJM’s complete evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29 August 2008, for review and comment 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 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. We are not persuaded by the evidence presented that the court-martial conviction received by the applicant should be changed. The applicant's discharge was based on her trial and conviction by a general court-martial. While law precludes us from reversing a court-martial conviction, we are authorized to correct the records to reflect actions taken by reviewing officials and to take action on the sentence of a military court based on clemency. There is nothing in the available record that would cause us to disturb the actions of the reviewing officials or to warrant a correction of her records based on clemency.  In the
1.	
absence	of	such	evidence,	the	applicant’s	request	is	not favorably considered.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

The following members of the Board considered Docket Number BC- 2008-02563 in Executive Session on 8 October 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-02563:

Exhibit A. DD Form 149, dated 30 Jun 08, w/atchs. Exhibit B. Letter, AFLOA/JAJM, dated 19 Aug 08.
Exhibit C. Letter, SAF/MRBR, dated 29 Aug 08.