I. - -
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
TYPE BCD PERSONAL APPEARANCE --
ADDRESS AND OR ORGANIZATION OF COUNSEL
- .. -- OF TILE BOARD -.
- .. -
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
I TAPE RECORDING OF PERSONAL A P P E W C F 1
HEARING DATE CASE NUMBER
26 Jan 2006 FD-2005-00113
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
Names and votes will be made available to the applicai~t the applicant's request.
I I r,
. -- --
A - - .
-. -- 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
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.
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
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.
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
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.
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.
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 . ~
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
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
,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.
- - .".,.
BRANClj O SERVICE (X one)
. ... . . r u n u & * ,
MARINE CORPS 1 NAVY IXI AIR FORCE I ( COAST GUARD
S . KiOb) Ic. GRADEIRANK AT DISCHARGE I d. SOCIAL SECURIN NUMBER
2. t -
: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
/ 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
d. FAX NUMBER (Include Area Codel
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
OTHER ( ~ p e c i w )
b T FDunuF:~ I I M R E R r~,,~h.,.%,
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
d. NUMDCII ~ I ~ ) ( : I L I OArea ~ P O B J
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
U U FUKM ZYS, AUti ZUU3 PREVIOUS EDITIONS ARE OBSOLETE.
I Page 1 of 4 Pages
14. CONTlNUATlON OF ITEM 6, ISSUES (If app/iceb/eJ
* i u b ~ ~ i bp ~ e h L ~ c ( ~ L O ~ t h ~ 0 q l . l+ h ~ .
L T &
H"hwt.\~rb R W J .A&+ c o o 5 0 ~ i ~ p . + i o u
T o u c ~ .R F ~ ~ A LyEne OF +plliu~,to %G+ ~ A C \ L
t o t h e ~ d l ~ ~ . - ! +hc+,I c o u L d u o i c o o t ~ o lp~ ou+ oF c i o u t r d
s p c u S C , + h € r c ~ F o r g w 6 JE?EP-#L\L~. wCS ~ B S \ Q V ; Q ~ 9 ~ 4
bhck o m .t%kck buS cu
h u s b w 4 bouureJ C ~ E L W d GEL~UCAE
F;ULUC\ CL l e h g S p o U S ' , b ; ~ w ~ ~ ~ ~ C S S Eb , m E W hi5 s?ousE*
i ~ e E ~
& woCh & \ D ~ A ~ ~ ,L, d I USP v a t sue^ b h +u ~ O C P 0.T wn3E a
. E s ~ ~ f
-fi-=w wpoh36\ d ~ d \ s i s ,
15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)
. ( FY
16. REMARKS l/f applicable)
1 nauE C G R W ~f ~ o mmy mis-\ AWS, ~ ~ S E Tu yE J .thvou%h ec\uc~\60,
Z s€\V i
.I , : . ;&+ u
..5hPVE p , hduoepbL~ s7,0usE& Fnm;L$+ w - u u qwe~4Lj.. .
, 1 ..,
: b f k ~ s h's+ae&,I h m v t ~ c h ~ ~ +his *
- ' i~d
. d GUER ~ d OOW. s
. M E FGFL
~ O V E= G K + E ~ %E
~ y ~ s
' ~ \o\ ~ ~r~ r F ~~- P &r Ar~ O F
3 0 -. ~ ~ ~
MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.
' . *
ARMY NAVY AND MARINE CORPS
. ! < . Army Revlew Boards Agency
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 .. .
.. , . . . .. I : ,
. . . ,. .
. ,. .. ., . . :
. , AIR FORCE , . COAST .
, !-;, -
. , . I
., .\ I
: . Afr Force Review Boards Agency U.S. Coast Guard
' . -;
.. ., ,,,
SAFIMRBR .. . . ....
.... . '
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