AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE  BCD	x	I

PERSONAL APPEARANCE

I	RECORD REVIEW

;'·:lfw: .,,, ,,,,  ,,, ii• NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING	HON	GEN

UOTHC

OTHER	DENY

x x x x
x

ISSUES

A93.19 A94.05

INDEX NU1\1BER

A68.00

'

ORDER APPOINTING THE BOARD

2 APPLICATION FOR REVIEW Of DISCHARGE
3 LETTER OF NOTIFICATION
4  BRIEF Of PERSONNEL flLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

14 Nov 2013	FD-2013-00428
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

FROM•

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
15.15 COIMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00428	

GENERAL:	The applicant appeals for upgrade of discharge to (honorable).

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 14 Nov 2013.

Applicant's   Contentions:	The applicant contends that his Bad Conduct Discharge was too harsh for his offense and that overall his service of six years was honorable.

FINDING:  The Board denies the upgrade of the discharge.

The records  indicated  the applicant received  two Article  l 5s, three Letters of Reprimand,  and a Special Court Martial for misconduct.

The Board finds that because the applicant did not receive an administrative discharge, his contention of inequity is not applicable. The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting from a Special Court-Martial conviction. Under the provisions of Section  1553, 10 USC, 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.

The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  The DRB was pleased to see that the applicant was doing  well, performing service in the community, and has a good job.

CONCLUSION:
The Discharge Review Board concluded that the applicant's punitive discharge by Special Comi-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