AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRSf MIDDLE INITIAL)

GRADE

X	RECORD REVIEW

AFSNISSAN

ADDRESS AND OR ORGANIZATJ 01'1 OF COUNSEL

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MEMBER SITTING

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HON	GEN	UOTHC	OTHER	DENY
x x x x
x

ISSUES

A93,23
A94.55

IND£.X NUMBER

A68.00

1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW Of DISCHARGE
3	LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED ATTIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

D-2

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Case heard in Washington, D.C.

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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'srequest.

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TO:

SAF/MRBR
550 CSTREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING, 3RD FLOOR
ANDREWS AFB, MD lt"7'2-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00448	

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 and requests that the review be completed based on the available service record.

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

FINDING:  The Board denies the upgrade of the discharge.

ISSUE:  Applicant received a Bad Conduct Discharge (BCD)

The Board finds that because the applicant did not receive an administrative discharge, thus his contention of inequity based on his belief he was suffering from Post-Traumatic Stress Disorder 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.

CONCLUSION: 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