AIR FORCE  DISCHARGE REVIEW BOARD HEARING RECORD

NAIVIE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE	AFSN/SSAN

PERSONAL APPEARANCE	X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGAN!l.ATION

MEMBERS SITTING

ADDRESS AND OR ORGANIZATION or CQl!NSEL

x x x x x

INDEX NUMBER
A91.00	1 ORDER APPOINTJNG THE BOARD
2	APPLICATI ON l'OR REVIEW OF.15iSCHARGE

m:ARING DJ\.TE
02--06-1]

CASENUMBEk
FD2002-003 l

LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDlllONAL EXHIBITSSlJBMITIEDAT TIME or
PER.". 0NAl,APPFARANCE

REM	S
Case heard at Washington, D.C.

Advise applica nt of the decision of the Board, the right to a personal appearancewith/without counsel, and the right to submit an a pplication to the A FBCMR

550 C STR EET WEST, SUITE 40 RANDOLPH Afl>, TX 78150-4742

SECRETARY OF THE AJR FORCE PLl{SONNEL COUNCii,
AIR FORCE DlSCHAROE REVIEW BOARD l 35 COMMAND DR, EE WINO. JIU) FLOOR

'--    ===-==-=---------=--:-:-=-.,,.,..	----=-=-L-,-	-

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077,.TAN 00	(EF-V2)	Previous edition \\'ill be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

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

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

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

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither the evidence of record or that provided by applicant provides	basis in clemency for a change of discharge.

Issue. The applicant did not receive an administrative discharge. He 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 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.

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
basis as an act of clemency for change of discharge.

Attachment: Examiner's Brief