BCD PERSONAL APPEARANCE by n1185

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                                           AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
                                                                INITIAL)                                  GRADE
                                                                                                                                             i
    TYPE     BCD                  PERSONAL APPEARANCE                                                                           --

                                                                                                      ADDRESS AND OR ORGANIZATION OF COUNSEL




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                                                                                                      -                ..   -- OF TILE BOARD -.
                                                                                                                              VOTE
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I                                    MEMBER SITTING                                                           HON           I    GEN    I   UOTHC     I   OTHER        I   DENY       I




                                                                                                  -                         I            d                             I
                                                                                                                        EXIIIBITS SUB.MI'TTEDTO TllE BOARD
                                                                                                          1        ORDER APPOINTING THE BOARD
                                                                                                      2            APFI,ICATION FOR REVIEW OF DISCIIARGE
                                                                                                      3       1    LETTER OF NC).I'IFICATION
                                                                                                      4       1    RRIEI: OF PERSONNEL FILE
                                                                                                                   COUNSEI.'S RELEASE TO THE BOARD
                                                                                                                   AUDI'TIONAL EXHIBITS SURM1'I"I'EL)AT TIME OF
                                                                                                                   PEKSONAL APPEARANCE
                                                                                                              I    TAPE RECORDING OF PERSONAL A P P E W C F                           1
    HEARING DATE                           CASE NUMBER

    26 Jan 2006                            FD-2005-00113
                                                                                                              I



                                                                                                                                                                                      I
                                       I                                                          I
    APFLICANTS lSSUE AND IHE BDARLI'S DECISlQNAL RA'TIONAL ARE DISCUSSED ON'T~ZEATT&$$~~~P
                                                                                     hlR FOKC@D*DISCHP;RCrEUKVIEW BOARD DHCISIOYAL R A m B
                                           ,*   I   ,                                                                                                        3.


    Case heard at Andrews AFB, MD.

    Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR

                                                           at
    Names and votes will be made available to the applicai~t the applicant's request.




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                                                                                 I


I   I   r,
             .     --               --
                                                        JkDORSEhlENT
                                                        A   -              - .
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                                                                                                                  -.            --     DATE: 1/26/2006
                                                                                                                                                 --   -
                 SAFJMRBR                                                                     SECRETARY OF THE AIR FORCE PERSONNEI. COUNCIL
                                                                                              AIR FORCE DISCHARGE RE\'IEW BOARD
                 550 C STREET WEST, SUITE 40                                                  1535 COMMAND DR. EE \\ INC. 3Rn FL.0OR
                 RANDOLPH AFB. 'I'X 78150-4742                                                AhDREH S AFB. M D 20762-7002

I                                                                                I                                                                                                    I

         AFHQ FORM 0-2077, JAN 00                                   (EF-V2)                                                      Previous edition will be used
                                                                                        CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE                                    FD-2005-00113


GENERAL: The applicant appeals for upgrade of discharge from a bad conduct discharge to an under
honorable conditions (general) discharge.

The applicant requested a personal appearance before the Discharge Review Board (DRB) and was
scheduled for an appearance on 26 January 2006, via video-teleconference between St. Augustine FL, and
Andrews AFB, MD, but she did not keep the appointment or call to reschedule. Therefore her request for
clemency was reviewed based upon the record and her submission.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board finds that the applicant did not provide sufficient evidence to persuade the DRB that clemency
action was justified in the applicant's case.

ISSUE:

The applicant received a Bad Conduct Discharge, a type of punitive discharge, as part of her sentence
resulting from a Special Court-Martial conviction. Her case was reviewed by the convening authority and
military appellate courts and they approved the findings and sentence of the court-martial. Under the
provisiol~s Title 10 of the United States Code, Section 1553, the only basis for a change of a Bad Conduct
            of
discharge is clemency. The applicant presented evidence which the DRB opined did not warrant granting
clemency. While the applicant alleges that her unit did not help her with her problems, the record does not
support that contention and she provided no additional explanation of her contention. She argued that the
checks she wrote bounced due to her then-husband's actions, but the record shows that she wrote checks
knowing she would not have the money in the bank to pay them. She stated that she has received additional
education since her conviction but did not provide the DRB with any evidence of the type of education she
has received. She states she has now married a new husband and has a family, but did not explain why those
facts warrant granting clemency. While the DRB was sympathetic to her situation as the wife of an
irresponsible husband, that did not excuse her own intentional misconduct. The DRB noted that she had
terminated that relationship and begun a new family, but that did not justify granting clemency.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the Unites States Code and was within the discretion of the
discharge authority and that the applicant was provided full administrative and legal due process.

The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is
appropriate under the facts and circumstances of this case and there is insufficient basis, as an act of
clemency, for change of discharge.


Attachment:
Examiner's Rrief
                                   DEPARTMENT OF THE AIR FORCE
                                AXR FORCE DISCHARGE REVIEW BOARD
                                         ANDREWS AFB, MD

                                                   (Former AB) (HGH AMN)


1. MATTER UNDER REVIEW: Appl rec'd a BCD Disch fr Laughlin AFB, TX on 29 Oct 01
UP Special Court Martial Order No.1 (Conviction by Court Martial). Appeals for
General Discharge.

2.   BACKGROUND:

      a. DOB: 14 Nov 77. Enlmt Age: 20 5/12. Disch Age: 2 3 11/12. Educ: HS DIPL.
AFQT: N / A . A-69, E-25, G-51, M-22. PAFSC: 3S031 - Personnel Management.
DAS: Unknown.

      b.   Prior Sv: (1) AFRes 20 Apr 98       -   12 Jan 99 (1 month 23 days) (Inactive).

3.   SERVICE UNDER REVIEW:

      a.   Enlisted as AB 13 Jan 99 for 4 yrs. Svd: 3 Yrs 9 Mo 17 Das, of which
AMS is 3 yrs 9 months 3 days (excludes  14 days lost time).

      b.   Grade Status:        AB - 16 Jun 00 (SPCMO No.1, 14 Jul 00)
                                Amn - 13 Jul 99

      c.   Time Lost:      16 Jun 00 thru 29 Jun 00 (14 days).

      d.    Art 15's:     None.

      e.   Additional: None.

      f.   CM:   Special Court Martial Order No.1 - 14 Jul 00

                 CHARGE:    Article 134.

                 Specification: Did, between on or about 10 Dec 99 and on or
                 about 7 Mar 00, make and utter 15 checks to the Army and Air Force
                 Exchange Service in a total amount of $3,810.00, for the
                 procurement of cash merchandise or things of value, and did
                 thereafter dishonorably fail to maintain sufficient funds in the
                 USAA Federal Savings Bank for payment of such checks in full upon
                 their presentment for payment. Sentence adjudged on 16 Jun 00:
                 Bad conduct discharge, confinement for fourteen (14) days, hard
                 labor without confinement for two months, and reduction to AB.

      g.   Record of SV: None.

      h.   Awards   &   Decs:   AFTR, AFOUA.
        i.   Stmt of Sv:    TMS: ( 3 ) Y r s ( 5 ) Mos ( 2 6 ) Das
                           TAMS: ( 3 ) Yrs ( 9 ) Mos ( 3 ) Das

4.     BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 18 Mar 05.
       (Change Discharge to General)

I S S U E S ATTACHED TO BRIEF.

ATCH
1.   L e t t e r of Appreciation, 1 5 A p r 99.
2.   Certificate of Training.
3.   Certificate of Appreciation.
4.   Certificate of Recognition.
                                       !       i:   t    .   . . -..
Mon M a y   02   2005   06:34   IKON       ~        1        .         ~

                                       pp$&sy              3
                                                        8611
                     Mon M a y      02   2005    06:34 IKON
                      '-
                                                           -             F a ~ s



Continuation of SPFMO l,47 F?%V, Lughlih AFB TX'@ITI?C), dated 14 July 2000
     -
                               APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL                                                                                            Form Approved
                                   FROM THE ARMED FORCES OF THE UNITED STATES                                                                                                  OMB No. 0 7 0 4 - 0 0 0 4
                                (Please read instructions on Pages 3 and 4 BEFORE completing this application.)                                                                Expires dug 37, 2006
       lha public reporting burden fnr lhis collection of in for ma ti^ b estimated t o average 30 mmutcs Par rerrponsc hcludina tho time for ravbwing h s t r u c t l o ~ .searching cxist~ng
                                                                                                                                                                                             data source..
       garhorhg and maintaininp the data needed. and complatmg and reviewing the collection of informanon. Send comments regarding this burden astimate or any other aspect of this collection
       of infonnation, including suggcstionZfor reducing the burden, t o Dspartment of Defense, Washington Headquaners Services. Directorate for Information Operations and Reports (0704004].
       1215 Jefferson Davis Highway. Suits 1204, Mington, VA 22202-4302. Rsspondonts should be aware that notwithstanding any other provision of law. no person shall be subject t o any
       panalty for faTting to comply with a collection of Information if n does not display a cunently valld OMB control number.
       PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAOE.
                                                                   PRIVACY ACT STATEMENT
        AUTHORITY: 10 U.S.C. 1553; E.O. 9397.
        PRINCIPAL PURPOSEIS): To apply for a change in the characterization or reason for military discharge issued t o an individual.
        ROUTINE USEIS): None.
       .DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing o this application. The request for
                                                                                                                  f
       ,Social Security Number is strictly to assure proper identification of the individual and appropriate records.
       1.       APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.
     a.
     b.
                     F
                               - - .".,.
            BRANClj O SERVICE (X one)
            r...-,.        -
                                                          ARMY
                                           . ... . . r u n u & * ,
                                                                            MARINE CORPS               1 NAVY                          IXI AIR FORCE                       I       ( COAST GUARD
                                                                     clrc
                                                                              S . KiOb)         Ic.   GRADEIRANK AT DISCHARGE                          I d.   SOCIAL SECURIN             NUMBER

    -
    2. t                                         -
                                                                                                            El
                                                                         :HARGE CHARACTERIZATION RECEIVED fXone) 5. BOARD ACTION REQUESTED (Xone)
                                                                                                                                                                                                           -
          lWVYMMDD) /If date is more than 15 years                     HONORABLE                                     CHAN'GE TO HONORABLE
          ago, submit a DD Form 149)
                                                                     -
                                                                                                                                                              *MANGE           TO GENERAUUNDER
                                                                     - GENERAUUNDER HONORABLE CONDITIONS
                                                                     -
                   ~ o Q \ \ o ~ \                                          UNDER OTHER THAN HONORABLE CONDITIONS                                      - HONORABLECONDITIONS
                                                                                                                                                       -
                                                                                                                                                                CHANGE TO UNCHARACTERIZED
     3. UNIT AND LOCATION AT DISCHARGE
        OR SEPARATION
                                                                      / BAD CONDUCT /Special court-martial on&)                                                 (Not applicable for Air Force)
                                                                            UNCHARACTERIZED                                                                    CHANGE NARRATIVE REASON FOR
                r 7 MSS
                 (                                                                                                                                             SEPARATION TO:
                L A U G ~ ~ ~ N      m
                                     A TX                                   OTHER /~xp~ain/




                7. IX if applicable1 AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYWMMDD)
            I      AND THIS FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION. OR EVIDENCE.
    8.      IN SUPPORT OF THIS APPLICATION,   THE FOUOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem 17.
            If militaw documents or medieal records are relevant to vour case, atease send co~ies.1




1 9.    TYPE OF REVIEW REQUESTED fX one)                                                                                                                                                                       I
         CONDUCTA RECORD REVIEW OF MY DISCHARGE BASED ON MY MIUTARY PERSONNEL FlLE AND ANY ADDITIONAL DOCUMENTATION
    X    SUBMllTED BY ME. IAND/OR ~ounseVrepresentative1  WILL NOT APPEAR BEFORE THE BOARD.
         IAND/OR IcwnssVrepresbntat1U;e)WISH TO APPEAR AT A HEARING AT NO EXPENSE TO M E GOVERNMENT BEFORE THE BOARD IN THE
         WASHINGTON, LC. METROPOUTAN AREA.
         I AND/OR lcwnssUrepresenrarive) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVEUNG PANEL CLOSEST TO
         (enter c@ and state)                                                  (NOTE: The Navy Discharge Review Board does not have a traveling panel.)
    10.a. COUNSELIREPRESENTATIVE (lf any) NAME (Last, First, Middle Initial) AND ADDRESS ( b. TELEPHONE NUMBER llnclude Area Code)

1               /See lFem 10 of the insr~cti3nfaboutc~unseYrepmset~tati~e~~
                                                                                                                                   c. E-MAIL                                                                 I
11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in question 1 that o f a deceased or incompetent person. LEGAL PROOF OF
                                                                        s
                                                                                                                               I
                                                                                                                                   d. FAX NUMBER (Include Area Codel
                                                                                                                                                                                                             I
    DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. I f the application Is slgned by other than the appncant, indicate
    '
2 '*the name brtntj   . ,                                       and relationship b y marking a box below.

      SPOUSE     WIDOW      WIDOWER        NEXT OF KIN     LEGAL REPRESENTATIVE
                                                                               n
                                                                                             )
                                                                                  OTHER ( ~ p e c i w )
                                                                          b T FDunuF:~ I I M R E R r~,,~h.,.%,
                                                                                                                                             J                                           r,hr
12.19. CURRENT MAILING ADDRESS OF APPLICANI" OR PERSON ABOVE                                                 A
                I F n r w a A nnrifi~arlnn lrnv +A-nnr In addrmre I
                                          nf
                                                                                                                            -
                                                                                                                                   C

                                                                                                                            -
                                                                                                                            d.               NUMDCII ~ I ~ ) ( : I L I OArea ~ P O B J

                                                                                                                           I
                                                                                                                                        TM                              U
                                                                                                                                                                                                           I
13. CERTIFICATION. Imaka the foregoing statements, as part of my claim, with full knowledge of the                                                                        CASE NUMBER
                                         making a false statement or claim. (U.S. Code, Title 18, Sect~ons
    penalties involved for w i ~ f u l l y                                                                 287                                                      (Do not ,write in this space.)
    and 1001, ~ r o v i d e
                          that a n individual shall be fined under this title or imprisoned not more than 6 years,
   ;or both.)       .
    -.-- .- -..-- ---...--- .- ..               m in Item 7 7 above1            b. DATE SIGNED - REQUIRED
                                                                                                         (YYYYMMDD)



U U FUKM ZYS, AUti ZUU3                                                     PREVIOUS EDITIONS ARE OBSOLETE.
                                                                                                                                                               I                         Page 1 of 4 Pages
                                                                                                                                                                                                           I
                                                   4
                            14. CONTlNUATlON OF ITEM 6, ISSUES (If app/iceb/eJ
                            --
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                       15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)
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                  16. REMARKS l/f applicable)
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                                                                       MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.
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                                                                             ARMY                                                       NAVY AND MARINE CORPS
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          .           ! < .                                     Army Revlew Boards Agency
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                                                                                                                                Naval Council of Personnel Boards .
..                ..                                            Support Division, St. Louis                                                                    ,

      -.:              ,.                                       9700 Page Avenue                                                720 Kennori Street, 5.E.
                                                                St. Louis, MO 63132-5200                                        Room 309 (NDRB)
                                                                (See http://arba.army.pentagon.mil)                                                        ,20374-5023
                                                                                                                                Washington Navy Yard, DC .. .
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                                                                650-C Street West, Suite 40                                     2100 Second Street, S.W. Room 5500
                                                                Randolph AFB, TX 78150-4742                                     Washington, DC 20593

     DD FORM 293, AUG 2003                                                                                                                                            Page 2 of 4 Pages

								
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