AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE	AFSN/SSAN

X	RECORD  REVIEW
ADDRESS AND OR ORCANIZATJON OFCOUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.SS

INDEX NUMBER

A68.00

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

H£ARINC DATE	CASE NUMBER

lO Jao 2014	FD-2013-00715

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:

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

FROM:

SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EEWING. JRD FLOOR
ANDREWS A MD 20762-7001

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

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2013-00715

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