ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03280
		INDEX CODE:  A68.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  16 Oct 06

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APPLICANT REQUESTS THAT:

Her bad conduct discharge be upgraded or removed.

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STATEMENT OF FACTS:

On 10 Jun 03, the Board considered and denied an application pertaining to the applicant, in which she requested that her bad conduct discharge (BCD) be upgraded to honorable.  A complete copy of the Record of Proceedings, with attachments, is attached at Exhibit H.  

By letter, dated 1 Mar 05, the applicant requests reconsideration of her request to have her BCD upgraded, alleging she was not mentally responsible for her actions, and that her medical status was not properly evaluated.  By letters, dated 7 Apr 05, and 10 Aug 05, she provided additional documentation for the Board’s consideration.

Applicant’s complete submissions, with attachments, are at Exhibits I, J, and K.

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AIR FORCE EVALUATION:

The Medical Consultant recommended denial indicating that the evidence of record shows the applicant’s mental health provider of two years provided testimony during her general court-martial.  There was no evidence submitted that shows the mental health provider testified or concluded that her condition or its treatment rendered her unable to know right from wrong, or conform her behavior to the right, or to be able to provide a statement at the time of interview by the OSI.  The tragic loss of her baby in Aug 87 occurred over one year before the withdrawals from the bank and her psychiatric hospitalization following that loss also occurred one year prior to the bank withdrawals leading to her court-martial.  The applicant was under care of mental health providers during the time she made the withdrawals but there was no indication of mental impairment that rendered her not legally responsible for her behavior.  In the Medical Consultant’s view, the action and disposition in this case were proper and equitable reflecting compliance with Air Force directive that implement the law, and that no change in the records is warranted.

A complete copy of the Medical Consultant’s evaluation is at Exhibit L.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a detailed response and additional documentary evidence, which are attached at Exhibit N.

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THE BOARD CONCLUDES THAT:

In an earlier finding, we determined that there was insufficient evidence to warrant any corrective action regarding the applicant’s request for upgrade of her BCD to honorable.  Her most recent submissions were thoroughly reviewed and her contentions were duly noted.  However, we did not find her assertions and her supporting documentation sufficiently persuasive to override the rationale proffered by the Medical Consultant.  Again, in the absence of sufficient evidence the applicant’s BCD was improper, we agree with the recommendation of the Medical Consultant and adopt his rationale as the basis for our decision that the applicant has failed to sustain her burden of establishing she has suffered either an error or an injustice.  Accordingly, the applicant’s request is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket BC-2002-03280 in Executive Session on 16 Dec 05, under the provisions of AFI 36-2603:

The following additional documentary evidence was considered:

    Exhibit H.  Record of Proceedings, dated 1 Mar 05, w/atchs.
    Exhibit I.  Ltr, applicant, dated 1 Mar 05, w/atchs.
    Exhibit J.  Ltr, applicant, dated 7 Apr 05, w/atchs.
    Exhibit K.  Ltr, applicant, dated 10 Aug 05, w/atchs.
    Exhibit L.  Ltr, Medical Consultant, dated 4 Oct 05.
    Exhibit M.  Ltr, AFBCMR, dated 7 Oct 05.
    Exhibit N.  Ltr, applicant, dated 13 Oct 05, w/atchs.