ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03280
INDEX CODE: A68.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 16 Oct 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge be upgraded or removed.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 Jun 03, the Board considered and denied an application
pertaining to the applicant, in which she requested that her bad
conduct discharge (BCD) be upgraded to honorable. A complete copy of
the Record of Proceedings, with attachments, is attached at Exhibit H.
By letter, dated 1 Mar 05, the applicant requests reconsideration of
her request to have her BCD upgraded, alleging she was not mentally
responsible for her actions, and that her medical status was not
properly evaluated. By letters, dated 7 Apr 05, and 10 Aug 05, she
provided additional documentation for the Board’s consideration.
Applicant’s complete submissions, with attachments, are at Exhibits I,
J, and K.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant recommended denial indicating that the evidence
of record shows the applicant’s mental health provider of two years
provided testimony during her general court-martial. There was no
evidence submitted that shows the mental health provider testified or
concluded that her condition or its treatment rendered her unable to
know right from wrong, or conform her behavior to the right, or to be
able to provide a statement at the time of interview by the OSI. The
tragic loss of her baby in Aug 87 occurred over one year before the
withdrawals from the bank and her psychiatric hospitalization
following that loss also occurred one year prior to the bank
withdrawals leading to her court-martial. The applicant was under
care of mental health providers during the time she made the
withdrawals but there was no indication of mental impairment that
rendered her not legally responsible for her behavior. In the Medical
Consultant’s view, the action and disposition in this case were proper
and equitable reflecting compliance with Air Force directive that
implement the law, and that no change in the records is warranted.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
L.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a detailed
response and additional documentary evidence, which are attached at
Exhibit N.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In an earlier finding, we determined that there was insufficient
evidence to warrant any corrective action regarding the applicant’s
request for upgrade of her BCD to honorable. Her most recent
submissions were thoroughly reviewed and her contentions were duly
noted. However, we did not find her assertions and her supporting
documentation sufficiently persuasive to override the rationale
proffered by the Medical Consultant. Again, in the absence of
sufficient evidence the applicant’s BCD was improper, we agree with
the recommendation of the Medical Consultant and adopt his rationale
as the basis for our decision that the applicant has failed to sustain
her burden of establishing she has suffered either an error or an
injustice. Accordingly, the applicant’s request is not favorably
considered.
_________________________________________________________________
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 BC-2002-
03280 in Executive Session on 16 Dec 05, under the provisions of AFI
36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Gregory A. Parker, Member
Mr. Christopher D. Carey, Member
The following additional documentary evidence was considered:
Exhibit H. Record of Proceedings, dated 1 Mar 05, w/atchs.
Exhibit I. Ltr, applicant, dated 1 Mar 05, w/atchs.
Exhibit J. Ltr, applicant, dated 7 Apr 05, w/atchs.
Exhibit K. Ltr, applicant, dated 10 Aug 05, w/atchs.
Exhibit L. Ltr, Medical Consultant, dated 4 Oct 05.
Exhibit M. Ltr, AFBCMR, dated 7 Oct 05.
Exhibit N. Ltr, applicant, dated 13 Oct 05, w/atchs.
RICHARD A. PETERSON
Panel Chair
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