RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00709
            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:

She served honorably from 1994 through 1998.  She incurred one  incident  of
misconduct resulting in her discharge.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5  January  1994  in  the
grade of airman basic.  She contracted her last enlistment on  15  May  1997
in the grade of senior airman for a period of six years.

On 23 August 1996, the applicant was notified of her commander's  intent  to
impose nonjudicial punishment upon her for the following:  she  did,  at  or
near Elmendorf  Air  Force  Base,  Alaska,  on  or  about  16  August  1996,
unlawfully assault a senior airman by pulling the  airman’s  hair  with  her
hand and biting the airman on the ear, thumb, and forearm with her mouth.

On 29 August 1996, after consulting with counsel, the applicant  waived  her
right to a trial by court-martial, submitted  a  written  presentation,  and
did not request a personal appearance.

She was found guilty by her commander who imposed the following  punishment:
 reduction in grade from senior airman  to  airman  first  class,  suspended
until 28 February 1997,  after  which  time  it  will  be  remitted  without
further action, unless sooner vacated,  a  forfeiture  of  $150.00  pay  per
month for two months, with forfeitures in excess of  $50.00  pay  per  month
for two months, suspended until 28 February 1997, after which time it  would
be remitted without further action, unless sooner vacated and 45 days  extra
duty.

The applicant did not appeal the punishment.  The Article 15  was  filed  in
her Unfavorable Information File (UIF).

On 21 August 1998, the applicant received a Letter of  Reprimand  (LOR)  for
an outstanding balance of  $1,729.92  on  her  Government  American  Express
(AmEx) Credit Card that was more than 120 days delinquent as  of  15  August
1998.  It was also determined she made  unauthorized  charges  to  the  AmEx
card.

The applicant, then a senior airman (E-4), was tried  by  a  general  court-
martial at Robbins Air Force Base, Georgia.  The applicant was charged  with
larceny in violation of  Article  121,  Uniform  Code  of  Military  Justice
(UCMJ); making a false official  statement  in  violation  of  Article  107,
UCMJ; and uttering a false writing, in violation of Article 123, UCMJ.   She
was acquitted of the charges under Articles 107  and  123,  UCMJ  and  found
guilty of the larceny in violation of Article 121, UCMJ.

On 17 November 2000, the court sentenced the  applicant  to  receive  a  bad
conduct  discharge,  confinement  for  14  months,  total  forfeitures   and
reduction to the grade of airman basic.  On  17 March  2001,  the  convening
authority approved  the  sentence  as  adjudged.   The  applicant’s  initial
request for parole was denied, in part, because she  continued  to  minimize
her involvement and failed to accept responsibility for  her  actions.   She
was subsequently granted parole on  23  July  2001.   Because  her  approved
sentence included a bad conduct discharge, the Air Force Court  of  Criminal
Appeals reviewed  the  applicant’s  conviction  and,  on  31  October  2001,
affirmed the findings of guilty and the sentence.   The  applicant  appealed
to the U.S. Court of Appeals for the Armed  Forces.   On  7  May  2002,  the
Court denied the applicant’s petition for review.

On 27  August  2002,  the  applicant  was  discharged  with  a  bad  conduct
discharge in the grade of airman basic,  under  the  provisions  of  General
Court-Martial Order Number 170.  She served 7 years, 5 months, and  23  days
of total active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM  recommended  denial  indicating  the  applicant   presented   no
evidence to warrant upgrading her discharge.  Nor does  she  demonstrate  an
equitable basis for relief.  Her service was not honorable and she  did  not
earn the same characterization as the service of those who  completed  their
terms of enlistment and fulfilled  their  responsibilities  honorably.   The
applicant’s claim lacks merit.




The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and  indicated  before  this  incident
occurred she was a model airman.  The Air Force’s evaluation  indicated  she
received an Article 15 for failure to make payments on a  government  issued
American Express card during her second term enlistment.  This is  erroneous
information.  She did in fact receive a Letter of Reprimand (LOR)  for  slow
payment.  She also received an Article 15 but it was  not  for  an  American
Express card.

She indicated  she  enlisted  in  the  Air  Force  on  4  January  1994  and
reenlisted on 14 May 1997.  She served for 6  years  and  10 months.   Since
her  confinement,  she  has  been  a  model  veteran.   She  resumed  single
parenthood and is very proud  to  have  her  son  back  in  her  life.   She
maintains strong faith in God and in her religion.  She is an active  member
and volunteer with the Bilal Islamic Center.  She has maintained  successful
employment and is currently enrolled full-time at Concorde Career  Institute
in California, studying to be a respiratory therapist.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

REVISED AIR FORCE EVALUATION:

AFLSA/JAJM revised their original evaluation due  to  erroneous  information
regarding an Article 15 for making unauthorized purchases with a  government
credit card.  However, their recommendation remained the same - deny.

The evaluation, with attachments, is at Exhibit F.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 30 September 2004, a copy of the revised Air Force evaluation was
forwarded to the applicant for review and response 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 timely filed.
3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an 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  Associate  Chief,  Military
Justice Division and adopt their rationale as the basis for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   The
evidence of record indicates she was sentenced to a BCD, as a result of  her
conviction by general court-martial.   She  now  requests  her  bad  conduct
discharge be upgraded to an honorable discharge.  After  a  thorough  review
of the facts and circumstances of this  case,  we  find  no  evidence  which
indicates the applicant’s discharge was improper or  that  it  exceeded  the
limitations set forth in  the  Uniform  Code  of  Military  Justice  (UCMJ).
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2004-
00709 in Executive Session on 18 November 2004, under the provisions of  AFI
36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Ms. Jan Mulligan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 March 2004.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 6 April 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 16 April 2004.
   Exhibit E.  Letter, Applicant, dated 24 April 2004.
   Exhibit F.  Letter, AFLSA/JAJM, dated 31 August 2004,
               w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 30 September 2004
                 w/atchs.



                       RICHARD A. PETERSON
                       Panel Chair