1 
I  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

(  GRADE 

I  AFSNISSAN 
.---------------. 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

VOTE OF TRE BOARD 

HON 

GEN 

I  UOTHC 

(  OTHER 

I  DENY 

I 

1 
2 
3 
4 

THE BOARD 

I 

ORDER APPOINTING  THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

CASE NUMBER 

(  FD-2005-00487 

I 

I 

I 

1 

I 

TYPE  BCD 

'OUNSEb 

YES 

No 
X 

I 

I 

ISSUES  A92.21 

HEARING DATE 

1  24 Aug 2006 

APPLICANTS ISSUE &VD  THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSW ON THE ATTACHED AIR FORCE DISCHARGE RkVIEW BOARD DECISIONAL RAllONALE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

(Names and votes will be made available to the applicant at the applicant's  request. 

: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r - - - - - - - , - , - - - - - p p - - - - - - - - - - - - - - F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

% D & ~ E . \ I E A " ~  

.-- 
1  FROM: 

DATE:  8/28/2006 

SECRETARY OF THE AIR FORCE  PERSONNEL COUNCIL 
AIR  FORCE  DISCHIRGE RE\'IEH  DOIRD 
1535 COIl\IAND  DR EE  \\l>C.  3RD FI.OOR 
ANDREWS AFB. ~ 6 2 0 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00487 

GENERAL:  The applicant appeals for upgrade of discharge to general. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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 neither the evidence of record nor that provided by the applicant substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

The applicant did not receive an administrative discharge, thus her contention of inequity is not applicable. 
The applicant received a Bad Conduct Discharge, a punitive discharge, as part of her sentence resulting from 
a Special Court Martial conviction.  She was found guilty of two offenses.  The first was for wrongful use of 
marijuana on divers occasions and the second offense was for attempt to wrongfully possess Lysergic Acid 
Diethylamide (LSD).  She received Bad Conduct Discharge, reduction to airman and two months 
confinement.  Under the provisions of Section 1553,lO USC, the only basis for change of a Bad Conduct 
discharge is clemency.  The applicant presented evidence which the DRB opined did not warrant granting 
clemency. 

CONCLUSIONS:  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 Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

,~.~.~............~.~.~.~.~............-.~.~.~.~... 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr USAF Peterson AFB, CO on 12 
Dec 96 UP Special Court Martial Order No.8  (Conviction by Court Martial). 
Appeals for General Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Nov 76.  Enlmt Age: 17 5/12.  Disch Age: 20 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-92,  E-58,  G-59,  M-60. PAFSC: 3M031 -  Services Apprentice. 
DAS: 14 May 95. 

b.  Prior Sv: (1) AFRes 10 May 94 -  18 Jan 95  (8 months 9 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Jan 95 for 4 yrs. Svd: 01 Yrs 10 Mo 24 Das, of which 

AMS is 01 Yrs 09 Mo 10 Das (excludes 1 mo 14 days lost time). 

b.  Grade Status:  AB -  6 May 96 (SPCMO #8, 6 Jun 96) 

Amn -  19 Jul 95 

c.  Time Lost:  22 Apr 96 thru 6 Jun 96  (1 month 14 days) 

d.  Art 15's:  None. 

e.  Additional: None. 
f.  CM:  Special Court Martial No.8 -  6 Jun 96 

CHARGE I:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, on divers occasions between on or about 1 Feb 
96 and 20 Feb 96, wrongfully use Marijuana.  Plea: Guilty. 
Finding: Guilty. 

CHARGE 11:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, on or about 2 Mar 96, attempt to wrongfully 
possess Lysergic Acid Diethylamide  (LSD).  Plea: Guilty.  Finding: 
Guilty. 

CHARGE 111:  Withdrawn after arraignment.  Sentence adjuged on 22 
Apr 96:  Bad conduct discharge, reduction to E-1, and 2 months 
confinement.  Sentence affirmed by Special Court Martial Order No. 
5, 22 Nov 96. 

g.  ~ecord of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (05) MOS  (19) Das 
TAMS: (01) Yrs  (09) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Dec 05. 

(Change Discharge to General) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Six Character References. 
3. Three Letters of Appreciation. 
4. Certificate of Appreciation. 
5. Two Training Certificates. 
6. Personal Statement. 
7. College Transcript. 
8. Training Certificate. 
9. Copy of Military Personnel Record. 
10. Bill of Sale. 

APPLICATION FOR THE REVIEW OF  DISCHARGE 

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 Aug 3 1,  2 0 0 6  

The  public reporting burden for  this  collection of  Information  is  estimated to average 30 minutes  per response,  Including the  time for  reviewing instructions,  searching exlstlng data sources. 
gathering end maintalnlng the data needed, and completing  and reviewing the  collection of  information.  Send comments regarding this  burden estimate or  any other  aspect of this collection 
of information,  including suggestions for  reducing the burden,  to the Department of Defense, Executive Services and Communlcations Directorate (0704-00041.  Respondents should be aware 
that  notwithstanding any  other  provision of law,  no person shall  be subject  to any  penalty for  failing to comply  with a collection of information  if it does  not display  a currently  valid OMB 
control  number.  PLEASE  DO  NOT  RETURN  YOUR  FORM TO  THE  ABOVE  ORGANIZATION.  RETURN COMPLETED FORM TO  THE  APPROPRIATE ADDRESS  ON 
BACK OF THlS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSE(S):  To apply  for  a change in the characterization or reason for military  discharge  issued to 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. 
a.  BRANCH OF SERVICE (X one) 
h. NAJldEJCesc f i r s t . M i d d e J o i l ~  

I  % I AIR FORCE 

c.  GRADEIRANK AT DISCHARGE 

d.  SOCIAL SECFflTY-NUFbl!C!. 

MARINE CORPS 

COASTGUARD 

ARMY 

NAVY 

AlC/ E-3 

2.  DATE OF DISCHARGE OR  SEPARATION 

(YYYYMMDD) (If date is more than  15 years 
ago, submit  a DD Form  149) 
199606 

3.  UNIT AND LOCATION A T  DISCHARGE 

% 

OR SEPARATION 

Services Squadron; Peterson AFB CO 

4.  DISCHARGE CHARACTERIZATION RECEIVED (X one) 

5.  BOARD ACTION  REQUESTED (X one) 

1  HONORABLE 
GENERALIUNDER HONORABLE CONDITIONS - 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT  /Special court-martial only) 
UNCHARACTERIZED 
OTHER  (Explain) 

1 CHANGE TO HONORABLE 
CHANGE TO GENERALIUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not applicable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

Page  3.1 

6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item  14.  See instructions on 
I am requesting an upgrade because I feel I was unjustly tried and lumped into a group of individuals who were also discharged 
under the same characterization as I, even though it was my first offense and since my dismissal from the military I have witnessed 

I 

I 

I 

I 

others who have been discharged from the military with the same or similar offenses but received a general discharge and just an a 

I 7.  ( X i f  a ~ ~ l i c a b l e )  AN APPLICATION  WAS PREVIOUSLY  S U B M I ~ E D  ON (YYYYMMDD~ 

. . 

AND THlS FORM IS SUBMI'ITED  TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATTACHED  DOCUMENTS ARE SUBMITTED AS EVIDENCE:  (Continue in Item  17. 
~ ~ e r - k R a L  ; WJ 

If military  documents or medical records are relevant to your  case, please  send  copies.) 

G r k . f i - a ,  mo-iy 

H e t n ~ w ~ ;  
\<$kc, cL h b - a ~ ~ ;  
OQ  m i r ~ k a  &&;  Qdr-L Repof+ 

ovlyfi ';5;\\  OCSIC  . 

9.  TYPE OF REVIEW REQUESTED ( X  one) 
K 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY  PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR  (counsel/representative)  WILL NOT APPEAR  BEFORE THE BOARD. 
I AND/OR  (counsel/representative)  WlSH TO APPEAR AT A  HEARING AT  NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON,  D.C.  METROPOLITAN AREA. 
I AND/OR  (counsel/representative)  WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING  PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board  does not have a travel~ng panel.) 
(enter city and state) 

10.a.  COUNSELIREPRESENTATIVE (If any) NAME (Last, First,  Middle Initial) AND ADDRESS 

b.  TELEPHONE NUMBER (Include Area Code) 

(See Item  10 of  the instructions about counsel/representative.) 

c.  E-MAIL 

d.  FAX NUMBER (Include Area  Code) 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY  THE APPLICATION.  If the application is signed  by other than the applicant,  indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

OTHER (Specify) 

NEXT OF KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

I - - - - - - - - - - - - - - - - - - - - - - - - - -  

(Forward notification of any  change in address.) 

I----- 

I 

b.  TELEPHONE fl-@lpEIJ!;c/p& 

@e- 
who are truly the most wonderful children in the world.  I have volunteered at Jada's 
schools and helped out whenever possible.  She has done outstanding in her reading and 
math skills. : ----------. 
!is following in her sisters footsteps showing us how smart she is.  I 
continued to do great work, even though moving jobs.  I worked at Current Checks, Inc. 
i I quit to stay at home with 
I was a customer service representative and after having ! 
-- 
her.  I began working again in 2001 for another company doing customer service again, 
but felt unfulfilled.  I decided to go to a vocational school and learn something that I 
could make a career out of.  So I went to the National Institute of Technology in San 
Antonio, Texas, and studied Medical Administrative Assistant.  I graduated in February 
2005 Summa Cum Laude.  I began my internship at the Randolph Clinic in San Antonio 
and learned how to check in patients, code visits and work with doctors.  When we 
moved to Germany I was very excited to have an opportunity to learn another culture and 
language.  Also, to start work doing something meaningful.  I got a job working at the 
Landstuhl Regional Medical Center Pediatric clinic.  I have been here since June of 2005 
and I love it here.  I have gotten nothing but compliments since beginning work here and 

, - - - - - a  

I have shown my initiative in taking on new projects, helping run the clinic and setting up 
and inputting the doctors'  schedules. I am one of the two front desk personnel and we are 
the first and last people who they see and we must make a good impression. 

I believe that I have proven to be an excellent citizen and an exemplary employee post- 
service.  And I know that my life shows that I am responsible and that I have a good 
standing in the community.  We have bought and sold a house and have maintained an 
outstanding credit score.  We are responsible and loving parents and our children reflect 
this.  My in service conduct was an abnormality in my behavior and not at all normal to 
my regular life.  I am not malicious in nature and I have demonstrated that I am a good 
citizen.  I am a law abiding citizen who only wants to look ahead and have a loving 
family and a good career.  I have served my time and I believe that I have demonstrated 
my true character over the years.  I am hoping for a change to my discharge so I can have 
a clean slate and have a new beginning.  Thank you for your time. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 21 ST SPACE WING (AFSPC) 

PETERSON AIR FORCE BASE, C O L O R ~ O  80914-1290 

, _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

Special Court-Martial Order 
No. 8 
AIRMAN: .------------------------------------------------ 
21 st Services Squadron, was arraigned at Peterson Air Force Base, Colorado, on the following 
offenses at a court-martial convened by this headquarters. 
CHARGE I:  Article 11 2a.  Plea:  G.    in din^:  G. 

j United States Air Force, 

06 June 1996 

Specification:  Did, on divers occasions between on or about 1 February 1996 and 
29 February 1996, wrongfully use Marijuana.  Plea:  G.  Finding:  G. 

CHARGE 11:  Article 80.  Plea:  G.  Finding:  G. 

, ',-- ;Jj 

.I 

Specification:  Did, on or about 2 March 1996, attempt to wrongfully possess Lysergic Acid 
Diethylamide  (LSD).  Plea:  G.  Finding:  G. 

CHARGE 111:  Article 107. Plea:  NG  Finding:  Withdrawn after arraignment. 

Specification: Did, on or about 13 May 94, with intent to deceive, sign an official document, to 
wit:  a Dt) Form 398 stating that she had never used marijuana, which document was totalIy false 
and was then known by the said Airman Mashawn D. Bentley to be so false.  Plea:  NG 
Finding:  Withdrawn after arraignment. 

SENTENCE 

Sentence adjudged on 22 April 1996:  bad conduct discharge, reduction to E-1, and 2 months 
confinement. 

SPCMO 8 

. 

. 

ACTION 

------------------------------------------------, 

In the case of AIRMAN; -.-. .-. .-. --- --- --- --- --- --- ---.--------------- 
21 st Services Squadron, the sentence is approved and except for the part of the sentence 
extending to the bad conduct discharge, will be.executed.  The Air Force Corrections System is 
designatid for the purpose of confinement, and the confinement will be served therein or 
elsewhere as the Director, 
Air Force Corrections, may direct.  Unless competent authority 
otherwise directs, i 
pending completion of appellate review of the conviction. 

.......................... 
.......................... 

!will be required under Article 76% UCMJ, to take leave 

United States Air Force, 

'. ------..-..-.------..-..-,.-..-. 
Brigadier General, USAF 
Commander 

.' 

FOR THE COMMANDER 

--------------r-,-l------------------------' 

Staff ~ u d g e  Advocate 

i,  USAF Judiciary, Central Circuit, 2035 1st Drive West, Suite 2, 

-

 

: 21 SWIJA, 660 Mitchell St, Suite 540, Peterson AFB, CO 80914 

j USAF Judiciary, Area Defense Counsel, Peterson, CO  (DC) 

Distribution: 

~

~

~

- - - - - - - - - - - - - - - 
~

1 - AB 1- --- --- --- --- --- --- --- -; 21 Services Squadron, Peterson AFB, CO 
809 14 (
1 - ~t ~ o l
 -..-..-..-..-..-.-..-. 
Randolph-AFB, -m 78 150-4304 (UJ) 
1 - Captain: L-..-..-..-..-.> 
(TC) - - - - - - - - - - - - - - - - - - - - - - - - 
1 - Captaini ....................... 
1 - 2 1 S WICC, 775 Loring Ave, Suite 203, Peterson AFB, CO 809 14- 1290 
1 - 21 SVSICC, Peterson AFB, CO 80914 
2 - Army Regional Confinement FacilityICC, Fort Carson AN, CO 
2 - 21 CPTSFMFMP, Peterson AFB, CO 80914 
4 - 21 MSSIMSPP, Peterson AFB, CO 80914 
1 - 21 SWIJA, 660 Mitchell Street, Suite 540, Peterson AFB, CO 80914-1 154 
1 - 14 AFIJAICC, Vandenberg AFB, CA 93437-6285 
10 - AFLSNJAJM, 172 Luke Ave, Suite 343, Bolling AFB, DC 20332-5 1 13 
1 - AFPCtDPMDOMl, 550.C West Suite 21, Randolph AFB, TX 78 150-4723 
4 - HQ AFSPNSPC, 8201 H Avenue S.E., Kirtland AFB, NM 871 17-5664 
1 - 1 1 WGIJAJR, 20 MacDill Blvd, Suite 207, Bolling AFB, DC 20332-5 100 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS FOURTEENTH AIR FORCE (AFSPC) 

VANDENBERG AIR FORCE BASE, CALIFORNIA 9343716268 

Special Court-Martial Order 
No.  5 

..................................................... 
In the special court-martial case of AIRMANi 
..................................................... 
United States Air Force, 21st Services Squadron, the sentence to bad conduct discharge, 
confinement for 2 months, and reduction to airman basic as promulgated in Special Court- 
Martial order No. 8, Headquarters 2lst Space Wing (AFSPC), dated 6 June 1996, has been 
finally affirmed.  Article 71(c) having been complied with, the bad conduct discharge will be 
executed.  The sentence was adjudged on 22 April  1996.  (ACM S29220) 

; 

@ i

 

L-.-..-.-..-.-..-.-------------------- 

Major General, USAF 
Commander 

\------- 

5 USAF Judiciary, Central Circuit, 2035 1st Drive West, Suite 

:'Area Defense Counsel, 640 Mitchell Street, Peterson AFB CO 80914- 

9 

2, Randolph 

------  --------- 

......................... 

AYB TX 78 150-4304 (MJ) 

DISTRIBUTION: 
1 - ABI  ,.-. .. .-. .. .-. .. .-. -- J.3  Whispering Hills, Chester NY 1091 8 (ACC) 
1 -  Lt Cbll---------------------- 
1 - Captl-..-.-..-.--- 
1 - Capti -....-....-....-....-.-. 
1 - 14 AFICC, 747 Nebraska Ave, Suite A300-8, Vandenberg AFB CA 93437-6268 
1 - 21 SW/CC, 775 Loring Ave, Suite 205, Peterson AFB CO 80914-1290 
1 - 21 SVS/CC, Peterson AFB CO 80914 

3 37 TRW/JA, 1720 Patrick S't, Lackland AFB TX 78236- 

1575 (TC) 

........................ 

5226 P C )  

, 

, - 

SPCMO No. 5