AI R FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAME OF  ERVICE MEMBER {LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE  BCD	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW
COlll'IStt.	NAME OFCOIINSEL AND OR ORCA  IMTlOS	ADDRESS AND OR ORCANIZATION Of <:OUMI.
YES	No
x
VOTE OF THE BOARD
MEMBER     ITTlNG	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x

ISSl!F.S

A93.17

lOf'X Nl \1R f'R

x x x x
A68.00	EXHIBITS SUBMITTED TO 1HEBOARD
1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVI EW OF DISCHARGE
3  LETTER OF :-IOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO Tl IE BOARD
ADDITlONAL EXI HOITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

llEARINC DATE	CASE NU\18ER
08 Jul 2016	F0-201S-00469

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

APPLICANT' ISSUll AN1l TI« BOARD'S OECISIO'IAL RATIO'IAl.f ARE DISOJSSED ON THE ATTACHED AIR FORCE DISCHARGE R.E\1EWBOARD DECISIONAL RATIONALE

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 subm it an appl ication to the AFBCMR.

-
(b)(6)

INOORSEMENT	DATE:  7129/2016
TO:	PROM:
SAF/MRBR	SECRETARY OFTllEAIR FORCE PERSONNEL COUNCii.

550 CSTREET WEST,SUITE 40

AIR FORCE DISCllARCE REVU;:W BOARD
I 5JS COMMAND OR.EE WINC.3RO fLOOR

RANDOLPH AFB, TX 78150-4742	Al  UREWS AfB, MO ?0762..7001

AFHQ FOR.J\1 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00469	

GENERAL :  The applicant appeals for upgrade of discharge characterization 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.

Pursuant to 10 USC 1553 this board included a member who is a clinical psychologist  or psychiatrist , or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

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

FINDING:   The Board  finds insufficient basis as an act of clemency that would warrant a change to the applicant's  discharge.

DISCUSSION: The applicant received a Bad Conduct Discharge from a Special Court-Martial conviction. The Air Force Discharge Review Board 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. The applicant's record of service included one Article 15 and a conviction by Special Court-Martial. His misconduct included physically controlling a vehicle while drunk, failing to refrain from drinking alcoholic beverages while under age, and wrongfully using cocaine.

The applicant claims that his one-time use of cocaine was depression driven, resulting to his bad conduct d ischarge.  After a thorough review of the record and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge.

The applicant received a Bad Conduct Discharge, as part of his sentence resulting from a Special Court­ Martial conviction. Under the provisions of Title I 0, United States Code, Section  l 553, the only basis for a change of a Bad Conduct Discharge is clemency. The applicant presented no evidence warranting a grant of 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