..

TYPE

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
-

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

BCD	PERSONAL  APPEARANCE

X  RECORD REVIEW

COUNSEL
·	YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION 01' COUNSEL

MEMBERS SITTING

HON

VOTE OF THE BOARD

GEN	UOTHC

OTHER

DENY
x x x x x

ISSUES
A91.05

llEARJNG DATE
03-01-24

INDEX NUMBER
A91.00

CASE NUMBER
FD2002-0372

EXHIJIJTS SUBMlTfEI> TO TlfE BOARD.
1	ORDER APPOINTING THE BOARD
2	APPUCATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TJON
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDJTIONAL EXHlBITS SUBMIITED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPlJ(:ANT'S ISSUE AND THE BOARD'S DECISl<'>NALRATIONAL ARE DISCUSSED ON THE AITACHEUAIRFORCE DISCHARGE REVIEW BOARD. DECISIONAL RATij)NALE,

REMARKS

Case heard at 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 AFBCMR.

TO:

SAF
550 C ST'REET WEST, SUITE 40 RANDOLPH  AFB, TX 78150-4742

'""'¥<«"   '
DAitf OJOl-24
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3° FLOOR
ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD2002-0372	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for her discharge.

The applicant was offered a personal appearance before the Discharge Review Board  but  declined  to exercise this right.

The attached brief contains ava11able pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of discharge is denied.
The Board finds the applicant submitted no matters in clemency, and the evidence of record does not provide a sufficient basis in clemency for a change of discharge.

Issue. The applicant did not receive an administrative discharge. She received a Bad Conduct Discharge, a punitive discharge, as part of her sentence resulting from a Special Court Martial conviction. Under the provisions of Title 10, U.S.C., Section 1553, the only basis for change of a Bad Conduct Discharge, is clemency. The applicant submitted no evidence to warrant clemency and none was evident in the record.

If the applicant can provide documented information regarding matters of clemency, she should consider exercising her right to a personal appearance hearing. Should she choose to exercise that right, she shou]d be prepared to provide the Board with evidence of any exemp1ary post-service accomplishments and contributions to the community.

CONCLUSIONS: The Discharge Review Board concludes that the applicant's punitive discharge by Special Court Martial was 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