AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INlTIAL)
(b)(6)

GRADE

TYPE BCD

I	PERSONAL  Al'PEARANCE	x	I	RECORD   REVIEW

•	"??u:'.!S.El:'"X"'· NM1EOF°COIJNSELANDOR.ORCANIUTION
VIS	No
x
MEMBER SITTING

.Al>DRESSANDOR ORCAlUZATION  OFCOUNSEL

HON	GEN	UOTHC

OTHER

·:

:.. . ' ·.···:
DENY

(b)(6)	x
x x x
x

ISSUES

A93.19 A93.18

INDEX NUfBER

A39.00

EXHIBITS SUBJ\fl"f I:ED TO THE BOARD .
1	ORDF.R APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICA1lON
4  BRIEF OFPERSONNEL FILE COUNSEL'S RELEAS.E TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

.. '• '

116.ARJNO  DATE	CAS£NUMDltR

26 Oct 2016	FD-2016-00088

Case heard inWashington, 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.

1---------------(b) (6)
(b)(6)	I

.. .	,.., . .,. ...

TO:

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

FROM•

SECRETARY OFTHE AIR FORCE P£RSONN'EI. COUNOL AIR FORCE DISCHAllCI!:     VIEW BOARD 1535COMMA'.ID DR,EtWINC,lRD FLOOR
ANDREWS MB, MD i016:0700I

AFHQ FORM 0-2077,JAN  00	(E:f-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00088	
. -	.
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 evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: 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. The applicant's record of service included a conviction by Special Court-Martial. Her misconduct included physically controlling a vehicle while drunk and wr.ongfully using marijuana.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a Bad Conduct Discharge from a Special Court-Martial conviction. The applicant submitted no issues regarding the equity or propriety of her discharge. The applicant cited her desire to receive medical and benefits asjustification for upgrade. 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 TitlelO, United States Code, Section 1553, 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	

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