RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02266
INDEX CODE: 110.02
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She should have been provided the opportunity for drug rehabilitation
like others. She was on drugs and would have been a good soldier if
given the opportunity for rehabilitation.
In support of her application the applicant provided a DD Form 293,
Application for the Review of Discharge or Dismissal from the Armed
Forces of the United States.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
19 Aug 81, for a term of 4 years. On 9 May 84, Special Court-Martial
charges were preferred against her. She pleaded guilty and was found
guilty of the sole specification of writing bad checks to the Airman’s
Club in the amount of $1,100.00. Applicant was sentenced to a BCD,
confinement at hard labor for four months, and reduction to airman
basic. She served three years, six months and three days on active
duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, which is at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM recommends denial. JAJM states, in part, while clemency
may be granted under 10 U.S.C. 1552(f)(2), the applicant provides no
justification for her request, and clemency is not warranted in this
case. She pled guilty to the charge and its specification and was
afforded a fair trial. The court hearing the case was in the best
position to weigh the evidence and make an appropriate determination
as to the sentence adjudged. Additionally, she had two prior Article
15 actions, both for theft from the Base Exchange. A BCD discharge
was an appropriate sentence and properly characterizes her service.
The AFLOA/JAJM evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
16 Nov 07, for review and comment within 30 days. As of this date, no
response has been received by this office.
A copy of the FBI Report was provided for review and response within
30 days and to date no response has been received.
_________________________________________________________________
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. The discharge appears to be in
compliance with the governing regulation, and we find no evidence to
indicate her separation from the Air Force was inappropriate.
Further, we find no evidence of error in this case and after
thoroughly reviewing the evidence of record, we do not believe she has
suffered from an injustice. The only other basis upon which to
upgrade her discharge would be clemency. However, we have considered
the applicant’s overall quality of service, the events which
precipitated the discharge and the evidence related to her post-
service activities and accomplishments. On balance, we do not believe
that clemency is warranted.
_________________________________________________________________
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 Docket Number BC-2007-
02266 in Executive Session on 13 Mar 08, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Josephine L. Davis, Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 5 Feb 08.
Exhibit D. Memo, AFLOA/JAJM, dated 23 Oct 07.
Exhibit E. Letter, SAF/MRBR, dated 16 Nov 07.
THOMAS S. MARKIEWICZ
Chair
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