TYPE

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

a •
X  PERSONAL APPEARANCE	RECORD  REVIEW

COUNSEL
YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC	OTHER

DENY

x

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x
x x
x

ISSUES

INDEX NUMBER

EXIDBITS SUBMITTED TO THE BOARD

A92.22

A66.00	I ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TJON
2	
HEARING DATE
24 October 2003

CASE NUMBER
FD2002-0291

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case heard at American Red Cross, Albany NY Advise applicant of the decision of the Board.

TO:

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

INDORSEMENT	DATE:  24 OCT 03
FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, M D 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0291	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at the American Red Cross, Albany NY, on 24 October 2003. The following additional exhibits were submitted at the hearing:

Exhibit 7:  Character Reference, 5 September 1991,i=i!!!i Exhibit 6:  Character Reference, 20 August 1991, JI 11 URL
Exhibit 9: Character Reference, 11 April 2003,	ef=-=.i.
Reference, 9 December 1991	.
Exhibit 8:  Character
Exhibit 10: Character Reference, Undated, 8 1 5 1111
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  The Board grants the requested relief.
The Board finds that the evidence of record and that provided by the applicant provides a sufficient basis in clemency for a change of discharge.

ISSUE:

The DRB was pleased to see that the applicant was doing well, has two good jobs and is a supportive husband and father. The applicant has claimed that he has refrained from drug use and is now a good citizen.

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 a change of a Bad Conduct discharge is clemency. The applicant presented evidence that the DRB opined did warrant granting clemency.

CONCLUSIONS:
The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is not appropriate under the facts and circumstances of this case and there is sufficient basis, as an act of clemency, for change of discharge.  The applicant's discharge is more appropriately characterized as general.

Attachment: Examiner's Brief