RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00217
INDEX CODE 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge be upgraded to an honorable discharge.
_________________________________________________________________
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.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
2 June 1999. She was tried on 1 February 2000 by a general court-
martial consisting of officers for possession and distribution of LSD
in violation of Article 112a, UCMJ. On 14 Dec 2001, the applicant was
discharged with a bad conduct discharge in the grade of airman basic.
She served 1 year, 10 months and 28 days of active service.
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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommended denial of relief because the applicant's
contentions are without merit. The applicant submitted a DD Form 149
dated 31 January 2002, but did not request a specific correction of
error or injustice or provided a reason. She did indicate she had
received a bad conduct discharged at a general court-martial. She did
attach a discharge review application in which she requested her bad
conduct discharge be changed to Honorable discharge. The only
evidence she provided for consideration was a letter of appreciation
she received while on active duty.
The applicant pleaded guilty after consultation with her defense
counsel. The convening authority reviewed her case and her appeal was
considered and denied by two appellate courts. The applicant has
provided no evidence whatsoever of any injustice related to her court-
martial or discharge. There is no merit to the applicant's claim and
JAJM recommended that the Board deny the relief requested.
AFLS/JAJM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 31 May 2002, for review and comment. 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 material error or injustice. After being court-
martial for possession and distribution of LSD, the applicant was
discharged with a bad conduct discharge. It appears that the
responsible officials applied appropriate standards in effecting the
discharge, and the applicant has not provided persuasive evidence that
pertinent regulations were violated or that she was not afforded all
the rights to which she was entitled. The applicant has failed to
sustain her burden of demonstrating she suffered either an error or an
injustice and we recommend her request be denied.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered Docket Number 02-00217
in Executive Session on 18 July 2002, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Mike Novel, Member
Ms. Marilyn Thomas, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jan 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 17 May 02.
Exhibit D. Letter, SAF/MIBR, dated 31 May 02.
ALBERT F. LOWAS, JR
Panel Chair
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