AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORCANIZATION OF COU1"' SEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSVES

A94.53

INDlX NUMBER

A6<i.OO

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVlEW OF DISCHARGE
3 LETIER OFNOTfFICATION
4  BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA NCE HEARING

HEAR.INC DATE	CA.SE NUMBER

27 Feb 2014	FD-2013-00781

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 subm it an application to the AFBCMR .

Names and votes will be made available to the applicant at the applicant's request.

TO:

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

SECRETAR Y OFTiiE AIR FORC£ PERSONNEL COUNCIL AIR FORCE DISOIARGE REVU:W BOARD
1535COMMAN D DR. EE WINC.3RD FLOOR
ANDREWS AFB, MD :!t762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00781	

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

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