AIR FORCE DISCHARGE REV IEW BOARD HEARING RECORD
NAM E OF  ERVICE MEMBER (IAST, FIRST MlDOLE INTTL\L)	GRADE
{b) (6)

TYPE   BCD	I	PE RSONAL   APPEARANCE	x	I	RECORD   REVIEW
COUNstL	NA\1£ OFCOUNSEL ANl> OR ORCA1'17.ATION	ADDRESS A'.ID OR ORCMIZATlO  OFCOU'ISEL
VIS	No	{b) (6)	{b) (6)
x
VOTE OFTHE BOARD
M EMBER SITTING	HON	GEN	UOTHC	OTHER	DEN Y
{b) (6)	x
I	x
x
x x
issues	A94 .53	lND1!X NUM ORR	A68.00	l!XHJBITS  SUBMITTED TO THE  BOARD
I    ORDER APPOINTING TI IC DOARD
2	APPLICATION FOR REVIEW Of DISCHARGE
3	LETIER Of NOTIFICATION
4	BRIEF Of PERSONNEL FILE
COL'NSE L'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSONA L APPEARANCE HCA RING

ll£ARINC DATE	CASE NUMBER

26 Jun 2015	FD-2014-00711
APPUCAllTS :SS\/E A'.ID n£ BOAR.D'S DECISIONAL RATIONA.l.ll Al\£ l>ISCUSS£D ON TICE ATTAC'HED AIR FORCE DISCHAJlGG REVIEW BOARD l>EC1Sl0>1AL UTIO"IALE

Case heard in Washington, D.C.

Advise appl icant 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.

{b){6)
I

INOORSliMliN l	U/\ I t:: 1nu1zu1:1
TO:	FROM:
SAF/MRBR	SECRETARY OPTHE AIR FORCE PERSONNEL COUNCI L
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST.  U ITE 40	I !JSCOMMA.'ID OR. EE WlC. 3RO f'LOOR
RANDOLPH AFB. TX 78150-4742	ANDREWSAFB, MD 2076? 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00711	

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.

ISSUE:  The applicant received a Bad Conduct discharge for Court-Martial  (AFI 36-3208, Chap 4)

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board. The applicant's record of service included two Article 15s and a Special Court-Martial conviction. His misconduct included failure to go to appointed place of duty, operated a car while drunk, disrespect toward a superior commissioned officer, unlawfully grabbing and pushing someone in the chest, and breakjng order of being restricted to Dover AFB.

The applicant contends that his misconduct can easily be traced to the traumatic effect of two serious automobile accidents, and that he should have been discharged following the second accident in a timely fashion through the MEB process. 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.

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