AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAM!': or SERVICE MEMBER (LAST, FI RST MIDDLE INITIAL) 	

•G RADE

AFSN/SSAN

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X    RECORDREVIEW
AVl!RF.SS Al';D OR  ORGA'.<lZATION  CJF CO!JNSEL

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llEAR!NU
4 JUN 02	FD2002-0028

1
2	Af>PLJCAT!ON FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL PILE
COUNSEL'S 1uii'.EASr: T6Ti 1.t :1-r·n_A_R_D	-;
ADDITIONAL EXHIBITS SUBMITTED AT TI:..ffi OF PERSONAL  APPEARANCE

TAPE RECORD!NU OF PERSONAL APPERA'\CE  HEARI'\G

1ARKS
Case  heard  a t Washington,  D.C.

Advise applicant of the decision of t he Board, the right to a personal appearance with/wot hout counsel, and the right to submit an appl ication to the AFBCMR

SAF!MlflR
550 C STREET WEST. Sl'ITE 40 RANDOLl'll AFB. TX 78150-4742

AFHQ FORM

SECR ETARY Of THE AIR f'ORCE PERSONNEL COUNCIL AlR f'ORCE DISCHARGE REV IEW BOARD
1535 COMMAND DR. FE WI NU. JRD f'LOOR ANDREWS AFB, MD 20762·7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE

GENERAL: The applicant appeals for upgrade of discharge to General.

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

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

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant provides a sufficient basis in clemency for a change of discharge.

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable. 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 Section 1553, 10 USC, the only basis for change of a Bad Conduct discharge is clemency.  The Applicant presented evidence, which the
opined, did not warrant granting clemency.

CONCLUSIONS:  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