RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02096
            INDEX CODE:  126.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  15 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

      a.    The nonjudicial punishment imposed upon her under  Article
15, Uniformed Code of Military Justice (UCMJ), dated 13 October  2005,
be removed from her records.

      b.    Correction be made to an  addendum  submitted  by  an  Air
Force Psychiatrist to a Medical Evaluation Board (MEB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time she was absent without leave (AWOL), she was undergoing  a
psychotic episode.

In support of her appeal, applicant submitted Veterans  Affairs  (VA)
records, and an MEB addendum.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF)  on  27 August
2002 for a period of four years as an airman first class (A1C).

The applicant was hospitalized on  three  occasions  from  March  2005
through July 2005 for suicidal  ideations.   She  was  diagnosed  with
Borderline     Personality      Disorder      and      dysthymia/mixed
depression/anxiety.  The applicant’s symptoms worsened after reporting
she was sexually assaulted (three times)  and  memories  of  childhood
trauma diagnosed as Post Traumatic Stress Disorder
(PTSD)  and  Borderline  Personality  Disorder  interfering  with  the
performance of her duty.

In June 2005, the applicant was transferred to the medical  center  at
Travis AFB, CA for continued evaluation, treatment and  an  MEB.   The
applicant underwent an MEB on 4 August 2005.

On 29 August 2005, the applicant was  offered  nonjudicial  punishment
for being absent from her appointed place of  duty  without  authority
from 1 to 3 August 2005 and failure to go to her  appointed  place  of
duty on 27 September 2005.

Applicant’s performance report profile is listed below.

                 PERIOD ENDING          OVERALL EVALUATION

                    15 Jan 04                3
                     1 Dec 04                4

The applicant was relieved from active duty on 27  December  2005  and
placed on the Temporary Disability Retired List (TDRL) on  28 December
2005.  She served 2 years, 11  months  and  23  days  of  active  duty
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends the requested  relief  be  denied.   They  state
commanders can dispose of allegations against a servicemember by  many
means,  including  no  action,  administrative   action,   nonjudicial
punishment or trial by court-martial.  Each commander exercises his or
her own best judgment, after reviewing all the facts,  in  determining
how to appropriately handle a case in the best interest of justice.

Commanders who consider  disposing  of  a  case  with  an  Article  15
exercises personal discretion in  evaluating  the  case,  both  as  to
whether nonjudicial punishment is appropriate, and, if so, as  to  the
nature of and amount of punishment.  Unless the commander’s  authority
to act in a particular case is  properly  withheld,  that  commander’s
discretion is unfettered so long as  the  commander  acts  within  the
limits and parameters of the commander’s legal authority.

Furthermore,  the  applicant  signed  the  Air  Force  Form  3070  and
initialed each  step  in  the  process  indicating  she  was  actively
participating.  The applicant had the opportunity to present  evidence
to the commander, and she did in fact make a written
presentation through her counsel.  The commander had the facts  before
her that the applicant  and  her  counsel  elected  to  present.   The
applicant’s  commander  considered  all  the  matters  presented   and
concluded that the applicant committed the alleged offenses,  and  was
indeed capable and made a deliberate decision to  be  AWOL,  and  that
nonjudicial punishment was proper.

The applicant appears to argue that an evaluation of her at  a  Boston
Veteran’s Administration hospital during the 1 to 3  August  timeframe
provides “supportive contradictory  evidence”  that  she  “suffered  a
dissociative state.”  The applicant  does  not  assert  that  she  was
unable to present this or any other relevant  evidence.   The  written
presentation  the  applicant  and  her  counsel  signed   reflects   a
deliberate decision to not attach supporting mental health records but
would present those  records  to  the  commander  if  requested.   The
applicant specifically argued in her presentation that  she  may  have
disassociated during her  absence.   The  applicant’s  dissatisfaction
with the nonjudical punishment  proceedings  does  not  constitute  an
error or an injustice.

JAJM further notes the applicant contests  the  action  taken  by  the
Inspector General in response to a complaint she filed concerning  the
level of action taken by the Air Force against a  person  she  alleged
raped her.  She complains that the alleged rapist received an  Article
15 punishment and was separated  with  an  honorable  discharge.   The
applicant provides no documentation with respect to the  action  taken
by the Air Force against the alleged rapist.  Furthermore, there is no
indication  that  the  Inspector  General  complaint  or  any  matters
addressed therein are  relevant  to  the  merits  of  the  applicant’s
nonjudicial punishment.

AFLOA/JAJM evaluation is attached at Exhibit C.

The AFBCMR Medical  Consultant  recommends  the  requested  relief  be
denied.  The Medical Consultant states the psychiatry documentation at
the time of the  applicant’s  unauthorized  departure  and  afterwards
indicates her actions were planned in advance and that  there  was  no
evidence of psychotic disorder, dissociative state or  mental  illness
so severe that would impair her ability to know right from  wrong  and
choose the right.

The AFBCMR Medical Consultant’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
11 May and 13 June 2007, 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  an  error  or  an  injustice.   The  applicant  is
requesting the nonjudicial punishment she received be removed from her
records and correction to the addendum submitted by an Air Force staff
psychiatrist to a Medical Evaluation Board.  After  a  review  of  the
evidence offered, the Board majority does not feel inclined to disturb
the discretionary judgment of commanding officers who  was  closer  to
situation at that time.  The Board  majority  notes  the  evidence  of
record reflects the applicant’s commander determined she had committed
the alleged offense of being absent from her appointed place  of  duty
without authority, and that the applicant signed and initialed the Air
Force Form 3070 indicating she was acknowledging and participating  in
the nonjudicial process.  The applicant’s psychiatric documentation at
the time of her unauthorized leave and afterwards reflects her actions
were planned in  advance  and  there  was  no  evidence  of  psychotic
disorder, dissociative state or mental illness so  severe  that  would
impair her ability to  know  right  from  wrong.   Therefore,  in  the
absence  of  evidence  which  would  show  to  the  Board   majority’s
satisfaction that the applicant’s substantial  rights  were  violated,
she was coerced to waive any of  her  rights,  or  the  commander  who
imposed the nonjudicial punishment abused his discretionary authority,
the Board  majority  concludes  that  no  basis  exists  to  recommend
favorable action on the applicant’s request.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing 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 Number BC-
2006-02096 in Executive Session on 18 July 2007, under the  provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Barbara R. Murray, Member
                       Mr. Richard K. Hartley, Member

By majority vote, the Board recommended denying the  application.  Mr.
Markiewicz voted to grant partial relief but does not desire to submit
a Minority Report.  The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 28 Jun 06, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFLOA/JAJM, dated 22 Aug 06.
      Exhibit D. Letter AFBCMR Medical Consultant, dated
                       11 May 07.
      Exhibit E. Letter, SAF/MRBR, dated 11 May 07.




                             THOMAS S. MARKIEWICZ
                             Chair