AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM£ OF SERVICE MEMBER {LAST,FIRST MIDDLE INITIAL)

GRADE

ONAL APPEARANCE

x	RECORD REVIEW

ADDRESS ANDOR ORGANIZAT ON OF CQUNSEL

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ISSUES

A94.0S

INDl!JCNUMBER

A68.00

HON

GEN

UOTHC	OTHER

DENY
x x x x
x

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OFNOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASENIJM8£R

13 Mar 2014	FD-2013-00683

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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.

TO:

SAf/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX781S0-4742

SECRETARY OP THE AIR FORCE PERSONNE L COUNCii.
AIR l'ORC[ DISCHARGE REVlCW BOARD
ISJS COMMAND DR,££ WING, JRD FLOOR
ANDREWSAFB.  MD20761-10tl

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00683	

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

The Board finds that because the applicant did not receive an administrative discharge, thus 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.

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