AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

YES

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME 01' COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION 01' COUNSEL

MEMBERS  SITTING	HON	GEN	OTHER	DENY
x x x

x

ISSUES
A94.05

HEAii.iNG DATE
20 DEC 02

INDEX NUMBER
A68.00

CASE NUMBER
FD2002-0107

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETfER OF NOTIFICATION
4	BRIEF OF PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

APPLICANT'S ISSUE AND THE BOAJU)'S: PECISIONAl, ltAflONAL AREDIS  USSED ON THE A

REMARKS
Case heard at Washington, D.C.

CORDING OF PERSONAL APPERANCE HEARING

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.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3Rr> 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

FD02-0107	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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, I 0 USC, the only basis for change of a Bad Conduct discharge is clemency. The Applicant presented evidence, which the DRB 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