RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03090
                             INDEX CODE:  110.00

                             COUNSEL: None

                             HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her bad conduct discharge (BCD) be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

When she took the money, she was an alcoholic.  She  is  a  recovering
alcoholic.  She needed to support her habit and the  deposit  bag  was
readily available.  She further states what she did will follow her to
her grave.  She paid all the money back, but the guilt is still there.
 Since being discharged, she  has  married  and  has  a  family.   She
requests she be given a second chance at  life  and  removal  of  this
stigmatism.   She  is  a  respected  citizen  in  the  community   and
workplace.  The only trouble she has had  since  her  discharge  is  a
speeding ticket.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  23  June  1992  for  a
period of four (4) years as an airman basic.

On 30 August 1996, the applicant was charged  with  violating  Article
121 for on or about 11 February 1996, to  on  or  about  26 May  1996,
stealing currency, from the base chapel in the value of $3,311.20.

On 6 November 1996, the applicant was found guilty, in accordance with
her pleas, by a general court-martial for stealing $3,311. 20 from the
base chapel.  On 6 November 1996, she was sentenced to a  bad  conduct
discharge, confinement for six months,  and  reduction  in  rank  from
senior airman to airman basic.  The convening authority on  28 January
1997 approved the applicant’s sentence.  On 7 October  1997,  the  Air
Force Court of Criminal Appeals  (AFCCA)  affirmed  the  findings  and
sentence.  On 22 April 1998, the applicant’s petition  for  review  by
the United States Court of Appeals for the Armed  Forces  was  denied.
On 19 May 1998, the final court-martial  order  was  issued  directing
that the bad conduct discharge be executed.

Applicant’s EPR profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                 22 Feb 94              5
                 22 Feb 95              4
                 16 Oct 95              5
                 11 Apr 96              5

Applicant was discharged from the Regular Air Force on 11  June  1998,
in the grade of airman basic, under the provisions of  General  Court-
Martial Order No. 47, and was furnished a bad conduct discharge.   She
had completed 5 years, 11 months and 19 days of total  active  service
with 2 months and 22 days of lost time.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM states an application must  be  filed  within  three  years
after the error or injustice was discovered, or, with  due  diligence,
should have been discovered.  An application  may  be  denied  on  the
basis of being untimely, however, an untimely filing may be excused in
the interest of justice.  The  applicant’s  request  comes  six  years
after her discharge.  She has not identified an error or injustice  in
the processing of her discharge.

Under 10 USC Section 1552(f), which amended the basic correction board
legislation, the AFBCMR’s ability to correct records related to courts-
martial is limited.   Specifically,  Section  1552(f)(1)  permits  the
correction  of  a  record  to  reflect  actions  taken  by   reviewing
authorities  under  the  Uniform  Code  of  Military  Justice  (UCMJ).
Additionally, Section 1552(f)(2) permits  the  correction  of  records
related to action on the sentence of courts-martial for the purpose of
clemency.  Apart from these two  limited  exceptions,  the  effect  of
Section 1552(f) is that the AFBCMR is without  authority  to  reverse,
set aside,  or  otherwise  expunge  a  court-martial  conviction  that
occurred on or after 5 May 1950 (the effective date of the UMCJ).

They further state that there is no  legal  basis  for  upgrading  the
applicant’s discharge.  Her sentence was within the prescribed  limits
and was a matter within the discretion of the court-martial and  could
have been mitigated by the convening authority or during the course of
the  appellate  review.   The  applicant  was  afforded   all   rights
guaranteed by statute and regulation.  She has provided no  compelling
basis based on the circumstances of her  case  that  would  warrant  a
change in her discharge.

AFLSA/JAJM further states that while clemency is an option,  there  is
no reason for the Board to exercise clemency in the applicant’s  case.
The applicant did not serve  honorably  during  her  enlistment.   She
knowingly, repeatedly and systematically, stole money  from  the  base
chapel.  The military judge, convening  authority  and  the  appellate
court believed  a  BCD  appropriately  characterized  the  applicant’s
military  service  and  crimes.   The  applicant  has  not   presented
sufficient evidence to warrant upgrading her discharge  and  therefore
they recommend the requested relief be denied.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 December 2003, for review  and  response.   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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After thoroughly  reviewing  the
evidence or record, we find no evidence to show that  the  applicant’s
discharge as a result of her conviction by court-martial was erroneous
or unjust.  The applicant’s contentions are duly noted,  however,  she
has submitted unofficial evidence to support these  contentions.   The
applicant knowingly and continually stole funds from the base  chapel.
Therefore, we agree with the opinions and recommendations of  the  Air
Force office of primary responsibility and adopt  their  rationale  as
the basis for our conclusion that  the  applicant  has  not  been  the
victim of either an error or an injustice.  Therefore, in the  absence
of 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 AFBCMR Docket Number BC-
2003-03090  in  Executive  Session  on  24  February  2004  under  the
provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Sep 03, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 12 Nov 03.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                        OLGA M. CRERAR
                                        Panel Chair