RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02285 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her bad conduct discharge (BCD) be upgraded to general or medical 
discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was diagnosed with Post-Traumatic Stress Disorder (PTSD) and 
did not receive the medical treatment recommended by the doctor. 
She believes this may explain her behavior during the latter part 
of her enlistment. She needs her discharge upgraded in order to 
receive the medical care she needs. 

 

In support of her appeal, the applicant provides a copy of her DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
and an excerpt of the direct examination of her psychiatrist by 
the defense counsel. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 16 November 1989, the applicant contracted her enlistment in 
the Regular Air Force. She served as a Munitions System 
Journeyman. 

 

The applicant was charged for assaulting two airmen in December 
1992. On 20 April 1993, she was tried by general court-martial 
and pled guilty to the charge and specifications pursuant to a 
pretrial agreement and was sentenced to a BCD, confinement for 
seven months, and reduction to the grade of airman basic. 

 

On 24 June 1993, the convening authority approved the sentence as 
related to the BCD, confinement, and reduction in rank. On 
30 November 1994, the Air Force Court of Criminal Appeals 
affirmed the findings and sentence. The applicant appealed to


the United States Court of Appeals for the Armed Forces for 
review of her conviction. On 30 June 1994, the court denied the 
appeal, therefore making the findings and sentence final. Her 
BCD was executed on 28 July 1995. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided an Investigative Report which is 
attached at Exhibit C. 

 

On 14 Mar 12, a copy of the FBI Report and a request for post-
service information were forwarded to the applicant for review 
and comment within 30 days. As of this date, no response has 
been received by this office (Exhibit H). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFLOA/JAJM recommends denial noting a review of the record of 
trial shows no error in the processing of the court-martial, to 
include the allegation raised by the applicant. Prior to trial, 
the applicant entered in to a pretrial agreement that she would 
plead guilty to the charge and specifications in exchange for 
sentence that did not exceed a BCD, six months confinement, and 
forfeiture of two-thirds pay per month for six months. She pled 
guilty as agreed to in the pretrial agreement. Prior to 
accepting the applicant’s guilty plea, the Judge ensured she 
understood the meaning and effect of her plea and, the maximum 
punishment she could have received if her guilty plea was 
accepted by the court. In addition, the judge explained the 
elements and definitions of the offense and the applicant 
expressed why she believed she was guilty. 

 

After accepting the applicant’s guilty plea, the court received 
evidence in aggravation, as well as in extenuation and 
mitigation, prior to crafting an appropriate sentence for the 
crimes committed. The applicant also gave an unsworn statement 
and her counsel submitted letters of support requesting clemency. 
The judge considered these factors when imposing the sentence. 
The imposed sentence was below the maximum possible of a 
dishonorably discharge, three and one-half years confinement, and 
forfeiture of all pay and allowances, and reduction in rank to 
airman basic. Additionally, she received a favorable cap on 
punishment in her pretrial agreement. 

 

The applicant’s contention that she should have received mental 
health treatment does not erase her criminal conduct, nor does it 
make her BCD any less appropriate for the offenses she committed 
and support favorable action of the Board to undo part of the 
punishment. To overturn the punishment now would require the 
Board substitute its judgment for that rendered by the court and 
the convening authority over 18 years ago when the facts and 
circumstances were fresh. 

 


While clemency may be granted, the applicant provided very little 
justification in support of her request. A BCD is designed as a 
punishment for bad conduct. The BCD is more than a service 
characterization; it is a punishment for the crimes she committed 
while on active duty. Her sentence to a BCD, reduction in rank, 
and confinement was well within the legal limits and was an 
appropriate punishment for the offenses committed. 

 

Additionally, to grant clemency in this case would be unfair to 
those individuals who honorably served their country while in 
uniform. Congress' intent in setting up the Veterans Benefits 
Program was to express thanks for veterans' personal sacrifices, 
separations from family, facing hostile enemy action and 
suffering financial hardships. All rights of a veteran under the 
laws administered by the Secretary of Veterans Affairs are barred 
where the veteran was discharged or dismissed by reason of 
sentence of general court-martial. It would be offensive to all 
those who served honorably to extend the same benefits to someone 
who committed a crime such as the applicant’s while on active 
duty. 

 

The AFLOA/JAJM complete evaluation is at Exhibit D. 

 

The AFBCMR Medical Consultant recommends denial noting the 
statements by the applicant's psychiatrist and her recent 
diagnosis of Bipolar Disorder is insufficient to justify a 
medical basis for discharge. The evidence is also insufficient 
to reflect she was unable to distinguish right from wrong or 
suffered from a duty-limiting mental disorder of such severity 
that should have been considered an alternative basis for 
discharge. There is also no evidence of the applicant's exposure 
to wartime traumatic events during her service in Saudi Arabia to 
raise concern for her post deployment mental well-being. The 
Medical Consultant yields to the opinion of AFLOA/JAJM regarding 
the applicant’s request for a change to her discharge. The 
Medical Consultant empathizes with the applicant's need for 
ongoing medical care, but found the applicant has not met the 
burden of proof of an error or injustice. 

 

The Medical Consultant’s complete evaluation is at Exhibit E. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the AFBCMR Medical Consultant evaluation and Air Force 
evaluation were forwarded to the applicant on 20 December 2011 
and 6 March 2012, respectively, for review and comment within 
30 days (Exhibits F and G). 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 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 office of primary responsibility 
(OPR) and the AFBCMR Medical Consultant and adopt their rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error or an injustice. Furthermore, we note that 
this Board is without authority to reverse, set aside, or 
otherwise expunge a court-martial conviction. Rather, in 
accordance with Title 10, United States Code, Section 1552(f), 
actions by this Board are limited to corrections to the record to 
reflect actions taken by the reviewing officials and action on 
the sentence of the court-martial for the purpose of clemency. 
We find no evidence which indicates the applicant’s service 
characterization, which had its basis in her court-martial 
conviction and was a part of the sentence of the military court, 
was improper or that it exceeded the limitations set forth in the 
Uniform Code of Military Justice (UCMJ). We have considered the 
applicant’s overall quality of service, the court-martial 
conviction which precipitated the discharge, and the seriousness 
of the offenses to which convicted. Based on the evidence of 
record, we cannot conclude that clemency is warranted in this 
case. Therefore, we find no basis upon which to favorably 
consider this application 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-02285 in Executive Session on 16 April 2012, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02285 was considered: 

 

 Exhibit A. DD Form 149, dated 6 Jun 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. FBI Investigative Report. 

 Exhibit D. Letter, AFLOA/JAJM, dated 3 Oct 11. 

 Exhibit E. Letter, AFBCMR Medical Consultant, dated 

 6 Dec 11. 

 Exhibit F. Letter, AFBCMR, dated 20 Dec ll. 
Exhibit G. Letter, AFBCMR, dated 6 Mar 12. 

 Exhibit H. Letter, AFBCMR, dated 14 Mar 12, w/atch. 

 

 

 

 

 

 Panel Chair