AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD		
NAME OF SERVICE MEMBER (LAST,FIRsr MIDDLE INITIAL)
(b)(6)	HEARING DATE
2016-11-17	CASE NUMBER FD-2016- 00128	
TYPE		PERSONAL  APPEARANCE	x	NON-PERSONAL  APPEARANCE	
COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL

'	
Yes	No			
				
MEMBER SITTING

(b)(6)		..
'	·V·O. TE-OF THE. B&AR. D...·	•t"   -••••     .:.. :· .:·:..
'•	•,	
		HON	GEN	UOTHC	OTHER	DENY	
						x	
						x	
						x;	
						x	
						x	
						
ISSUES	INDEX NU1'1DER	.··Etrs sUiJi\m'nn"ronU::IJ	·:	. .
. '	
		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	
APPLICANT'S ISSUE AND lHll eoARD·s DllCISIONAL RATIONALE ARE DISCUSSED ON nm ATTACHED AIR FORC6 DISCHMOE Mvmw BOARD DECISIONAL RATIONALE.	'	
Case heard in Washington, D.C.

Advise applicant of the decisiOI of the Board, the right to a personal appearance with/without counsel, and the right to submit au application to the AFBCMR.
(b)(6)

SIONATURE OFBOARD PRESIDENT	DATE:   12/16/2016	
TO:
SAF/MRBR
SSO C STREET WEST,SUITE 40 RANDOLPH AFB, TX78150-4742	FROM:
SECRETARY OFTHE AIR l'ORCB PBRSOl'!Nf:L COUNCIL AIR FORCE DISCHARGE REVTEW BOAJU> 1535COMJ\lANI> DR, EE WING, JRD FLOOR ANDR£\1/SAl'.B, 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-2016-00128	

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.

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

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

DISCUSSION: The Air Force Discharge Review Board, under its responsibility to review applicant's Bad Conduct Discharge for clemency, 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 applicant's record of service included a conviction by Special Court­ Martial. His misconduct included making a false official statement, wrongfully using marijuana, and wrongfully distributing marijuana.

The Board completed a thorough review of the circumstances that led to the discharge; all applicable records, and information provided by the applicant.  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 Title I O, United States Code, Section 1553, the only basis for a change of a Bad Conduct Discharge is clemency.  However, there is no law or regulation, which provides an unfavqrable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant's performance and conduct during the period of service under review, is considered during Board reviews.

The applicant presented no evidence warranting a grant of clemency.  The applicant stated that he was young and immature.  He also claims that he has grown greatly since his discharge.  The DRB recognized that the applicant was 24 years of age when the discharge took place.  The Board opined that the applicant was no younger than the vast majority of first-term airmen who properly adhere to Air Force standards of conduct.
After review of the ·record, the Board found no evidence to indicate that the applicant was unaware of the Air Force :golicy of zero tolerance to drug use.  The Board found the negative aspect.s of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate.
\
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