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AF | BCMR | CY2003 | BC-2002-02605
Original file (BC-2002-02605.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02605
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was immature at the time of the offense.  She went AWOL  with  her
then boyfriend, yet his punishment was less severe than the punishment
she received.

In support of her request, the applicant submits copies of her DD Form
214, an undated letter  of  introduction,  certificates  of  training,
recognition and appreciation.  The  applicant’s  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her enlistment in the Regular Air Force on  5 Jul
95.

On 29 Nov 95, applicant was tried before a  special  court-martial  at
Keesler AFB,  MS.   She  was  charged  with  stealing  a  vehicle,  in
violation of Article 121;  desertion,  in  violation  of  Article  85;
missing movement (her flight to Korea), in violation  of  Article  87;
and being absent without leave (AWOL), in  violation  of  Article  86.
The applicant was represented by military defense counsel.  Consistent
with her pleas,  the  applicant  was  found  guilty  of  stealing  the
vehicle, missing a  flight  movement  and  absenting  herself  without
authority.  The desertion charge was dismissed following her  plea  of
guilty to the aforementioned offenses.  She was  sentenced  to  a  bad
conduct discharge.  By action, dated 14 Nov 96, the Secretary  of  the
Air  Force  substituted  a  general  discharge  for  the  bad  conduct
discharge.

On 17 Dec 96, the applicant received a  general  discharge  under  the
provisions of General Court Martial Order No. 7 (court martial).   She
had completed a total of 1 year, 5 months and 13 days (dates  of  lost
time:  23 Oct - 28 Nov 95) and was serving  in  the  grade  of  airman
basic (E-1) at the time of discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommends the application be denied.  JAJM stated that  on
13 Jun 96, the Air Force Court of Military Review (AFCMR) affirmed the
court-martial findings and sentence of a bad conduct  discharge.   The
AFCMR’s decision was affirmed by the United States  Court  of  Appeals
for the Armed Forces.   However,  by  action  dated  14  Nov  96,  the
Secretary of the Air Force substituted a general discharge for the bad
conduct discharge.  JAJM indicated that the applicant did not  mention
that she  did  not  receive  a  period  of  confinement  or  that  her
characterization of service was upgraded.  JAJM stated  that  clemency
should only be granted when the applicant has  demonstrated  that  the
degree of punishment in relation to the crime was a  clear  injustice.
The applicant has made no such showing.  Despite having pled guilty to
a number of crimes that initially resulted  in  a  punitive  discharge
from the service, she  is  now  asking  for  additional  relief.   The
applicant has already received an upgrade to her  characterization  of
service.  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  6
December 2002 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  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 Air Force
office (AFLSA/JAJM) and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain her burden  that
she  has  suffered  either  an  error  or  an   injustice.    Although
applicant’s age and immaturity may have been contributing  factors  to
her lack of good judgment, they do not, in  our  opinion,  excuse  her
misconduct or justify further upgrade of the discharge.   In  view  of
the above and absent evidence to the contrary, we find  no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

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  this  application  in
Executive Session on 30 January 2003, under the provisions of AFI  36-
2603:

                  Mr. Edward C. Koenig III, Panel Chair
                  Ms. Martha Maust, Member
                  Mr. John E. Pettit, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number 02-02605.

   Exhibit A.  DD Form 149, dated 4 Sep 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 20 Nov 02.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.




                                   EDWARD C. KOENIG III
                                   Panel Chair

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