AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

HEARING DATE
2016-12-06

CASE NUMBER FD-2016- 00113

TYPE

x	PERSONAL  APPEARANCE	NON-PERSONAL  APPEARANCE

COuNSEL . ··
Yes	No

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

ISSUES
AOl.00

INDEX NUMBER
A68.00

HON

x
x

·GEN	UOTHC	OTHER	DENY
x

x x
EXHIB.ITS SUB]\fiTTED TO T11E:80A@.

A49.00	1

ORDER APPOINTING THE BOARD

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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
APPLICAl'frs ISSUE AND 'fHE BOARD'S DECISIONAL RATIONALE ARE DISCU.SSED oifrHE ATTACHED AIR FORCE DlCHARGE REVIEW BOARD DECIS!ON RJ\T!O.NE,
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 AFBC:MR.	·

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM  0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00113	

GENERAL: The applicant appeals for upgrade of the characterization of his punitive bad conduct discharge (BCD) to Honorable or General.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Joint Base Andrews, MD and Robins AFB, GA on 6 December 2016.

No additional exhibits were submitted and no witnesses testified at the hearing.

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

FINDING:   The Board voted to upgrade the discharge characterization to general based on clemency as discussed below.

DISCUSSION:  The Air Force Discharge Review Board‘s authority to review a discharge adjudged by a court-martial may extend only to a change in the discharge for purposes of clemency.

The applicant contends his discharge was improper because he was court-martialed under false pretenses. He submits that one of three court-martial charges was dropped, and without it, he would have only received a Letter of Reprimand or an Article 15. The record indicates applicant was tried and found guilty by special court-martial of wrongfully using his government travel card, dishonorably failing to pay debt, and wrongful misuse of Bank of America “Pay by Phone” service. His sentence was reduction in rank from E-4 to E-1 and Bad Conduct Discharge on 12 September 2006. On 3 June 2009, upon appellate review, the Air Force Court of Criminal Appeals dismissed the charge of wrongful misuse of Bank of America “Pay by Phone”. The court reassessed the applicant’s sentence, upholding the Bad Conduct Discharge, but reducing his rank to E-3 rather than E-1. The Board carefully reviewed the applicant’s military record and found that his service up until the time of court-martial was rated as satisfactory or higher. After considering the testimony of the applicant, noting his post-service adjustment to include current financial status, the Board voted to upgrade the applicant’s characterization of service to General (under honorable conditions).

CONCLUSION:
The Discharge Review Board concluded there is sufficient basis, as an act of clemency, for change of discharge service characterization to General (under honorable conditions).

Attachment: Examiner's Brief