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


_________________________________________________________________

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.

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.
_________________________________________________________________

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) for correction 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.
_________________________________________________________________

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.
_________________________________________________________________

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).
_________________________________________________________________

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.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 November 2002, under the provisions of AFI 36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Billy C. Baxter, Member
              Ms. Cheryl Jacobson, Member

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.




                                   RICHARD A. PETERSON
                                   Panel Chair

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.




                                                         JOE G.
LINEBERGER
                                                         Director
                                                         Air Force
Review Boards Agency