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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

INITIAL) 

GRADE 

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TYPE BCD 

PERSONAL APPEARANCE 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

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MEMBER SITTING 

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HON 

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VOTE OF TILE BOARD 

GEN 

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I  OTHER 

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EXIIIBITS SUB.MI'TTED TO TllE BOARD 

ORDER APPOINTING THE BOARD 
APFI,ICATION  FOR  REVIEW OF DISCIIARGE 

1 
2 
3  1  LETTER OF NC).I'IFICATION 
4  1  RRIEI: OF PERSONNEL FILE 

COUNSEI.'S  RELEASE TO THE BOARD 
AUDI'TIONAL EXHIBITS SURM1'I"I'EL) AT TIME OF 
PEKSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL A P P E W C F  

HEARING DATE 

CASE NUMBER 

26 Jan 2006 
APFLICANTS lSSUE AND  IHE BDARLI'S  DECISlQNAL RA'TIONAL ARE DISCUSSED ON'T~ZEATT&$$~~~P 

FD-2005-00113 

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hlR FOKC@D*DISCHP;RCrE UKVIEW BOARD DHCISIOYAL R A m B  

3. 

Case heard at Andrews AFB, MD. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR 

Names and votes will  be made available to the applicai~t at the applicant's  request. 

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-- A  -  - .  

JkDORSEhlENT 

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f Ron1 

SAFJMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. 'I'X 78150-4742 

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DATE: 1/26/2006 

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SECRETARY OF THE AIR FORCE PERSONNEI. COUNCIL 
AIR FORCE DISCHARGE RE\'IEW  BOARD 
1535 COMMAND DR. EE \\ INC. 3Rn FL.0OR 
AhDREH S AFB. M D  20762-7002 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00113 

GENERAL:  The  applicant  appeals for  upgrade  of  discharge  from  a  bad  conduct  discharge to  an  under 
honorable conditions (general) discharge. 

The  applicant  requested  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  and  was 
scheduled for an  appearance on 26 January 2006, via video-teleconference  between  St. Augustine FL, and 
Andrews AFB, MD, but  she did not keep the appointment or call to reschedule.  Therefore her request  for 
clemency was reviewed based upon the record and her submission. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board  finds that  the  applicant  did not provide  sufficient  evidence to persuade  the DRB that  clemency 
action was justified  in the applicant's case. 

ISSUE: 

The applicant received a Bad Conduct Discharge, a type of punitive discharge, as part of her sentence 
resulting from a Special Court-Martial conviction.  Her case was reviewed by the convening authority and 
military appellate courts and they approved the findings and sentence of the court-martial.  Under the 
provisiol~s of Title 10 of the United States Code, Section 1553, the only basis for a change of a Bad Conduct 
discharge is clemency.  The applicant presented evidence which the DRB opined did not warrant granting 
clemency.  While the applicant alleges that her unit did not help her with her problems, the record does not 
support that contention and she provided no additional explanation of her contention.  She argued that the 
checks she wrote bounced due to her then-husband's  actions, but the record shows that she wrote checks 
knowing she would not have the money in the bank to pay them.  She stated that she has received additional 
education since her conviction but did not provide the DRB with any evidence of the type of education she 
has received.  She states she has now married a new husband and has a family, but did not explain why those 
facts warrant granting clemency.  While the DRB was sympathetic to her situation as the wife of an 
irresponsible husband, that did not excuse her own intentional misconduct.  The DRB noted that she had 
terminated that relationship and begun a new family, but that did not justify  granting clemency. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  Unites  States  Code  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full administrative and legal due process. 

The Discharge Review Board concluded that the applicant's punitive discharge by  Special Court-Martial is 
appropriate under the facts and circumstances of this case and there is insufficient basis, as an act of 
clemency, for change of discharge. 

Attachment: 
Examiner's Rrief 

DEPARTMENT OF THE AIR FORCE 

AXR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr Laughlin AFB, TX on 29 Oct 01 
UP Special Court Martial Order No.1  (Conviction by Court Martial).  Appeals for 
General Discharge. 

2 .   BACKGROUND: 

a. DOB: 14 Nov 77. Enlmt Age: 20 5/12.  Disch Age: 2 3   11/12. Educ: HS  DIPL. 

AFQT: N / A .   A-69,  E-25,  G-51,  M-22.  PAFSC: 3S031 -  Personnel Management. 
DAS: Unknown. 

b.  Prior Sv: (1) AFRes 20 Apr 98 -  12 Jan 99  (1 month 23 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 Jan 99 for 4 yrs. Svd: 3 Yrs 9 Mo 17 Das, of which 

AMS  is 3 yrs 9 months 3 days (excludes 14 days lost time). 

b.  Grade Status:  AB -  16 Jun 00  (SPCMO No.1, 14 Jul 00) 

Amn  -  13 Jul 99 

c.  Time Lost:  16 Jun 00 thru 29 Jun 00 (14 days). 

d.  Art 15's:  None. 

e .   Additional: None. 

f.  CM:  Special Court Martial Order No.1 -  14 Jul 00 

CHARGE:  Article 134. 

Specification:  Did, between on or about 10 Dec 99 and on or 
about 7 Mar 00, make and utter 15 checks to the Army and Air Force 
Exchange Service in a total amount of $3,810.00, for the 
procurement of cash merchandise or things of value, and did 
thereafter dishonorably fail to maintain sufficient funds in the 
USAA  Federal Savings Bank for payment of such checks in full upon 
their presentment for payment.  Sentence adjudged on 16 Jun 00: 
Bad conduct discharge, confinement for fourteen (14) days, hard 
labor without confinement for two months, and reduction to AB. 

g .   Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  ( 3 )   Y r s   ( 5 )  Mos  ( 2 6 )   Das 
TAMS:  ( 3 )  Yrs  ( 9 )  Mos  ( 3 )  Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Mar 05. 

(Change Discharge to General) 

ISSUES  ATTACHED TO BRIEF. 

ATCH 
1.  L e t t e r   of  Appreciation, 1 5  A p r   99. 
2. Certificate of  Training. 
3 .   Certificate of  Appreciation. 
4. Certificate of  Recognition. 

Mon  M a y   0 2   2 0 0 5   0 6 : 3 4   I K O N  

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Mon  M a y   0 2   2 0 0 5   0 6 : 3 4  I K O N  

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F a ~ s  

Continuation of SPFMO l,47 F?%V,  Lughlih AFB TX'@ITI?C), dated 14 July 2000 

- 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions  on Pages  3 and 4  BEFORE completing this application.) 

Form Approved 
OMB No. 0 7 0 4 - 0 0 0 4  
Expires dug 37, 2006 

lha public reporting burden fnr lhis collection  of in for ma ti^ b estimated t o  average 30 mmutcs Par rerrponsc hcludina tho time for  ravbwing h s t r u c t l o ~ .  searching cxist~ng data source.. 
garhorhg  and maintaininp the data needed. and complatmg and reviewing the collection of informanon.  Send comments regarding this burden astimate or any other aspect of this collection 
of infonnation,  including suggcstionZfor reducing the burden, to Dspartment of Defense, Washington Headquaners Services. Directorate for Information Operations and Reports (0704004]. 
1215 Jefferson  Davis Highway. Suits 1204,  Mington,  VA  22202-4302.  Rsspondonts should be aware that  notwithstanding  any other provision of law.  no person shall be subject to any 
panalty for faTting to comply with a collection of Information if n does not display a cunently valld OMB control number. 
PLEASE DO NOT RETURN YOUR  FORM TO  THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON  BACK OF THIS PAOE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSEIS):  To apply for a change in the characterization or reason for military discharge issued t o  an individual. 
ROUTINE USEIS):  None. 
.DISCLOSURE:  Voluntary;  however, failure to provide identifying information may impede processing of this application.  The request for 
,Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPLICANT DATA  (The person  whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
I XI AIR  FORCE 
a.  BRANClj OF  SERVICE (X one) 
b.  r...-,. 
- 

- - -  .".,.  . ... . . r u n u & * ,  clrc  S . KiOb)  I c.  GRADEIRANK  AT DISCHARGE 

I  d.  SOCIAL  SECURIN  NUMBER 

(  COAST GUARD 

MARINE CORPS 

1 NAVY 

E l  

ARMY 

I 

2.  t 

- 

:HARGE  CHARACTERIZATION RECEIVED fXone) 

5.  BOARD ACTION REQUESTED (Xone) 

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lWVYMMDD) /If date is more than  15 years 
ago,  submit a DD  Form  149) 

~ o Q \ \ o ~ \  

3.  UNIT AND LOCATION AT DISCHARGE 

OR SEPARATION 
r(7 MSS 
L A U G ~ ~ ~ N  Am  T X  

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HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT /Special court-martial on&) 
UNCHARACTERIZED 
OTHER /~xp~ain/ 

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CHAN'GE  TO HONORABLE 
*MANGE  TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACTERIZED 
(Not applicable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION  TO: 

7. IX if applicable1 AN APPLICATION WAS PREVIOUSLY SUBMITT ED ON (YYWMMDD) 

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AND THIS FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION.  OR  EVIDENCE. 

8.  IN  SUPPORT OF THIS APPLICATION,  THE FOUOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem 17. 

If militaw documents or medieal records are relevant  to vour case, atease send co~ies.1 

1 9.  TYPE OF REVIEW REQUESTED fX one) 
X 

CONDUCTA RECORD REVIEW OF MY DISCHARGE BASED ON MY MIUTARY PERSONNEL FlLE AND ANY ADDITIONAL DOCUMENTATION 
SUBMllTED BY ME.  I AND/OR  ~ounseVrepresentative1 WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR IcwnssVrepresbntat1U;e) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO M E  GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON, LC. METROPOUTAN AREA. 
I AND/OR  lcwnssUrepresenrarive) WISH TO APPEAR AT A HEARING AT NO  EXPENSE TO THE GOVERNMENT BEFORE A TRAVEUNG PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does not have a traveling panel.) 
(enter c@ and state) 

10.a.  COUNSELIREPRESENTATIVE (lf any) NAME (Last, First,  Middle Initial) AND ADDRESS  (  b.  TELEPHONE NUMBER llnclude Area  Code) 

/See lFem  10 of the insr~cti3nfabout c~unseYrepmset~tati~e~~ 

1 

c.  E-MAIL 

d.  FAX NUMBER (Include Area Codel 

I 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question 1s  that o f  a deceased or incompetent person.  LEGAL PROOF OF 
2 ' '*the name brtntj 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  I f  the application Is slgned by other than the appncant,  indicate 

and relationship  by marking a box below. 

. , 

NEXT OF KIN  ) LEGAL REPRESENTATIVE J OTHER  (~peciw) 

SPOUSE 

WIDOW 

WIDOWER 

12.19.  CURRENT MAILING ADDRESS OF APPLICANI" OR PERSON ABOVE 

I F n r w a A  nnrifi~arlnn nf lrnv +A-nnr  In addrmre  I 

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13.  CERTIFICATION.  I maka the foregoing statements,  as part of  my claim,  with full knowledge of the 
penalties involved for wi~fully making a false statement or claim.  (U.S. Code,  Title 18, Sect~ons 287 
and 1001, ~ r o v i d e  that a n  individual shall be fined under this title or imprisoned not more than 6 years, 
; or both.) 
- . - - . - -. . - -  - - - . . . - -- . - 

b.  DATE SIGNED - REQUIRED 

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m in Item  7 7  above1 

(YYYYMMDD) 

U U  FUKM  ZYS,  AUti ZUU3  4 

PREVIOUS EDITIONS ARE OBSOLETE. 

b  Tn FDunuF: ~ I I M R E R  r~,,~h.,.% A,, 
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d.  TM  NUMDCII  ~I~)(:ILIOU Area  ~ P O B J  

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CASE NUMBER 

(Do  not ,write in this space.) 

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Page 1 of 4 Pages 

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14. CONTlNUATlON OF ITEM 6,  ISSUES (If app/iceb/eJ 
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15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable) 
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16. REMARKS l/f applicable) 
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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.  * 

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ARMY 

Army Revlew Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St. Louis, MO  631 32-5200 
(See http://arba.army.pentagon.mil) 

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AIR FORCE 

Afr Force Review Boards Agency 

'  SAFIMRBR 

650-C Street West,  Suite 40 
Randolph AFB,  TX  781 50-4742 

. . 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennori Street,  5.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC ,20374-5023 
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COAST GUARD 

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U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

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DD FORM 293, AUG 2003 

Page 2 of 4 Pages