RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02771
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her bad conduct discharge  (BCD)  be  changed  to  honorable  under  medical
conditions.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was kept under sedation and was not able to  explain  why  her  behavior
changed.  She loved her job and serving in the Air Force.  She  was  grossly
mistreated, sexually abused and harassed.  She reported this to  the  proper
chain of command.  Her problems occurred because  of  what  happened  during
her military service.

In support of her application,  the  applicant  submits  a  VA  Form  21-22,
Appointment of Veterans Service Organization as Claimant's Representative.

The applicant’s complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 7 Mar 01, the applicant enlisted in the Regular Air Force  in  the  grade
of airman basic for a period of  four  years.   After  completion  of  basic
military and technical school  training  she  was  assigned  duties  in  the
Security Forces squadron.

On 3 Sep 04, she was tried by  a  general  court-martial  on  the  following
charges and specifications with the findings indicated:

      1.  Guilty of attempted escape from custody on or about 7 Jan 04.

      2.  Guilty of being absent from her place of duty on or  about  5  Jan
04.

      3.  Guilty of using disrespectful language towards  a  noncommissioned
officer on or about 7 Jan 04.

      4.  Guilty of wrongfully disobeying a lawful order on or about  6  Jan
04.

      5.  Guilty of wrongful use of cocaine on or about 6 Jan 04.

      6.  Guilty of wrongful use of marijuana on or about 6 Jan 04.

      7.  Guilty of disorderly conduct on or about 7 Jan 04.

      8.  Guilty of wrongful endeavor  to  impede  an  investigation  on  or
about 7 Jan 04.

      9.  Guilty of providing false statements on or about 7 Jan 04.

The applicant was sentenced to a bad conduct discharge, confinement  for  15
months, forfeiture of all  pay  and  allowances,  and  reduction  to  airman
basic.   The  sentence  was  approved,  and  except  for  the  bad   conduct
discharge, was executed by General Court-Martial Order No 7  on  9  Feb  05.
The applicant was discharged on 16 May 07 in  the  grade  of  airman  basic.
She had served five years and 10 days on active duty with 425 days  of  lost
time.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFOLA/JAJM recommends denial.  JAJM states the  applicant  filed  an  appeal
with the Air Force Court  of  Criminal  Appeals  making  one  allegation  of
error.  She asserted the military judge abused her discretion by  denying  a
motion to  suppress  statements  made  by  the  appellant  to  a  urinalysis
observer who questioned the appellant  without  a  rights  advisement  under
Article 31, UCMJ.  Finding  error,  the  court  set  aside  the  appellant's
conviction  for  making  a  false  official  statement  and  reassessed  the
sentence by decreasing her amount  of  confinement  from  18  months  to  15
months.

Based upon the applicable law, the Board is without  the  authority  to  set
aside the finding of guilty.  JAJM opines while  clemency  may  be  granted,
the applicant provides no justification for her  request,  and  clemency  is
not warranted in this case.  JAJM notes the applicant  did  not  testify  on
her own behalf at trial – a decision that was hers to make, even if  it  was
against her attorneys' advice.  She  was  represented  by  an  Area  Defense
Counsel and a Circuit Defense Counsel during the course of proceedings.

The complete JAJM evaluation is at Exhibit C.

The BCMR Medical Consultant opines  a  change  to  the  applicant's  service
characterization of General (Under Honorable Conditions),  as  a  matter  of
clemency, is appropriate.

The BCMR Medical Consultant states the applicant's record reflects  she  was
hospitalized at least six times, to include three times  at  a  hospital  in
Arkansas.  She was also seen for a range of clinical  diagnoses  to  include
Bipolar II Disorder, Obsessive Compulsive Disorder,  Depression,  Psychosis,
Anxiety  Disorder,  Panic  Disorder,  and  Polysubstance  Abuse.   She   was
hospitalized (at least twice) for her own protection, as  she  was  observed
cutting both wrists with a razor blade while in confinement and again  after
being observed attempting to jump from a third floor dormitory  window.   An
expert witness, namely one of her treating psychiatrists, determined that  a
significant portion of the applicant's misconduct  could  be  attributed  to
her Bipolar II Disorder with psychotic features;  symptoms  which  consisted
of hallucinations from a male voice telling her to kill  herself  and  other
voices making disparaging remarks of her physical appearance.  Her  treating
psychiatrist also characterized her use of cocaine as a means of  committing
suicide.  Additionally, her attempt to escape  apprehension  from  a  police
vehicle was determined by the same clinical psychiatrist to  be  an  attempt
to  escape  her  captors  at  all  costs.    According   to   her   treating
psychiatrist, much of her maladaptive pattern of behavior,  to  include  her
disrespectful language to an NCO and the violation  of  a  no-contact  order
with a boyfriend, was being driven  by  her  Bipolar  Disorder;  the  latter
instance was allegedly viewed as a measure of seeking refuge from those  who
seek to harm her.  While admitting the applicant's  longer-standing  alcohol
habituation and marijuana use had no direct  causal  relationship  with  her
Bipolar Disorder, the treating psychiatrist  believed  her  usage  of  these
substances may have served as a measure of  "self-medication"  allowing  her
to better cope with her circumstances.

The  BCMR  Medical  Consultant  notes  a  military  forensic   psychiatrist,
uninvolved in the applicant's treatment and follow-up care  has  interpreted
her pattern of behavior as due to a Borderline Personality Disorder.

Although the applicant  had  a  medical  diagnosis  at  the  time,  she  was
ineligible for undergoing a Medical Evaluation Board and processing  through
the Military Disability Evaluation System (MDES)  by  virtue  of  the  Court
Martial proceedings underway at  the  time.   However,  had  the  Air  Force
accepted the applicant's initial diagnosis of Bipolar Disorder,  or  any  of
her other co-morbid Axis I diagnoses, and subsequently returned her to  duty
following  the  Court  Martial  and  after  completion  of  her  period   of
confinement, she would have then been eligible to  enter  the  MDES  for  an
assessment of her fitness  to  serve.   Likewise,  had  the  applicant  been
concurrently the subject of a medical discharge  and  had  been  given  non-
judicial punishment for her offenses, in lieu of a Court Martial,  her  case
would have been adjudicated under delegated authority by  the  Secretary  of
the Air Force as a "dual-action" case for the  purpose  of  determining  the
appropriate reason for the applicant's discharge  and  the  characterization
of her military service.  On the  other  hand,  if  Air  Force  accepts  the
alternative diagnosis of Borderline personality  Disorder,  a  disqualifying
unsuiting mental disorder not  constituting  a  compensable  disability,  as
factually the sole diagnosis, then the applicant would again  be  ineligible
for referral through the MDES.

The complete BCMR Medical Consultant evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  26
Oct 07 and 4 Feb 08, respectively, for review and comment  within  30  days.
As of this date, this office has received no response.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  After a thorough review of the evidence of record we see no evidence  to
show that the applicant's discharge was erroneous or  unjust.   However,  we
recognize the adverse impact of the discharge the  applicant  received;  and
while it may have been appropriate at the time, we believe it  would  be  an
injustice for the applicant to continue to suffer its  effects.   Therefore,
we believe that correction action is appropriate on the basis  of  clemency.
Her request for  upgrade  to  honorable  was  considered;  however,  in  the
absence of evidence by the applicant other  than  her  own  statements,  the
facts and circumstances surrounding her separation, or her activities  since
leaving the service, we do not believe that an upgrade to a fully  honorable
discharge is warranted.  Accordingly,  we  recommend  that  her  records  be
corrected to the extent indicated below.

________________________________________________________________


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 16 May  07,  she  was  discharged
with service  characterized  as  general  (under  honorable  conditions)  by
reason of “Secretarial Authority,” with a separation code of “KFF.”

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
02771 in Executive session on 19 Mar 08, under  the  provision  of  AFI  36-
2603:


      Mr. Michael K. Gallogly, Panel Chair
            Mr. Steven A. Cantrell, Member
      Ms. Barbara J. Barger, Member

The following documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 20 Aug 07, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFLOA/JAJM, dated 12 Oct 07.
      Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 07.
      Exhibit E.  Letter, BCMR Med Consultant, dated 1 Feb 08.
      Exhibit F.  Letter, AFBCMR, dated 4 Feb 08.




      MICHAEL K. GALLOGLY
      Panel Chair



AFBCMR BC-2007-02771



MEMORANDUM FOR THE CHIEF OF STAFF


      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 16 May 2007, she was
discharged with service characterized as general (under honorable
conditions) by reason of “Secretarial Authority,” with a separation code of
“KFF.”










  JOE G. LINEBERGER

Director

  Air Force Review Boards Agency