RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00960
            INDEX CODE:  A68.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant’s  request  is  not  clear;  however,  it  appears  she   is
requesting that her bad conduct discharge (BCD) be upgraded and/or  be
changed to a medical discharge or retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to her conviction by court-martial,  she  suffered  from  mental
illness;  specifically,  schizoaffective  disorder,  and  bipolar  and
paranoid episodes.  She did not  receive  proper  mental  health  care
until after her BCD.  She believes  her  military  duties  caused  the
onset of her mental illness.

In support of her appeal, the applicant provided a personal statement,
post-service medical documentation, and her separation document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 3 Sep 81 for a period of six years (6)  in
the grade of airman basic.

On 22 Oct 97, the applicant was tried by general court-martial for one
charge and four  specifications  of  wrongfully  making,  drawing,  or
uttering checks without sufficient funds with the intent  to  defraud.
Two of the four specifications were withdrawn after arraignment.   She
was convicted of the remaining specifications, but with regard to some
of the checks she was only convicted of the lesser  included  offense.
The applicant was sentenced to a BCD, confinement for nine (9) months,
and reduction from the grade of staff sergeant to senior airman.   The
convening authority approved the sentence as adjudged.

On 10 Aug 00, the  approved  sentence  of  the  general  court-martial
having been affirmed,  the  applicant’s  discharge  was  ordered  into
execution.  She was discharged with a BCD  on  21  Mar  01.   She  was
credited with 19 years, 6 months, and 19 days of active service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommended denial indicating the applicant has provided no
evidence of error or injustice  related  to  her  prosecution  or  the
sentence.   Her  entire  basis  for  requesting  an  upgrade  to   the
characterization of her service is that her military duties caused the
onset of her mental illness, and she did  not  receive  proper  mental
health care from the military from the military.  Apart from the  fact
the applicant provides  absolutely  no  evidence  in  support  of  her
contentions, the appropriate forum  to  have  raised  these  types  of
issues was at trial and during  the  appellate  review  process.   The
applicant availed herself of all appellate rights  to  which  she  was
entitled under the law.  The appellate courts found her conviction and
sentence correct in fact and law.  Her  punishment  was  within  legal
limits and was appropriate for the offenses committed.  While clemency
may be granted under the governing statute, the applicant provides  no
justification for her request, and clemency is not warranted  in  this
case.

A complete copy of the AFLOA/JAJM evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends denial noting that  on  4 Oct
96, the applicant presented  at  the  Mental  Health  Clinic  and  was
diagnosed with major depression,  rule  out  avoidant,  dependent  and
narcissistic traits.  She was seen  regularly  in  the  Mental  Health
Clinic, in therapy  groups  and  with  her  partner  for  relationship
support.   She  attributed  her  financial  problems  to  pathological
gambling.  Entries in the medical record indicate  an  ongoing  Sanity
Board  evaluation  occurred  in  Jun  97.   Although  there   was   no
documentation of the results of the evaluation, the fact that she  was
tried in a general court-martial implies she was found  fit  to  stand
trial and to understand the proceedings.

According to the Medical Consultant, the preponderance of the evidence
of record shows  the  applicant’s  mental  health  condition  did  not
contribute to her misconduct and she  was  ineligible  for  disability
consideration, even if she was unable  perform  her  duties.   In  his
view, the  action  and  disposition  in  this  case  were  proper  and
equitable  reflecting  compliance  with  Air  Force  directives   that
implement the law.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  26
Oct 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force  offices  of  primary  responsibility  (OPRs)  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 for wrongfully  making,  drawing,  and  uttering
checks without sufficient funds  with  the  intent  to  defraud.   The
applicant contends that prior to her court-martial, she suffered  from
mental illness, which was caused by  her  military  duties.   After  a
thorough review of the facts and circumstances of this case,  we  find
no evidence which indicates the applicant’s BCD was improper, or  that
her  mental  health   condition   contributed   to   her   misconduct.
Furthermore, because of  the  short  duration  since  the  applicant’s
separation, we do  not  find  upgrading  her  BCD  based  on  clemency
appropriate in this case at this time.  In view of the foregoing,  and
in the absence of sufficient evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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-
2007-00960 in Executive Session on 13 Dec 07, under the provisions  of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFLOA/JAJM, dated 26 Jun 07.
    Exhibit D.  Letter, Medical Consultant, dated 23 Oct 07.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Oct 07.




                                   LAURENCE M. GRONER
                                   Panel Chair