1	AIR  FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (I.AST, FIRST MiDDLE INITIAi.)	GRADE	I AFSN/SSAN
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TYPE
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PERSONAL  APPEARANCE	x  RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZ.ATION	ADDRESS AND OR ORGANJ7.ATION OF COUNSEL
YES	NO
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VOTE OF THE BOARD
MEMBERS SITTING	HON	GEN	UOTllC	OTHER	DENY
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ISSUES	INDEX NllMRf R	EXHIBITS  SUBMITTED TO THE BOARD
A91.05	A91.00	1	OR DER APPOINTING THE BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING J>ATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
03-04-15	FD2002-0407	COUNSEL'S  RELEASE  TO THE  BOARD
ADDITJONAL EXHIBITS SUBMITTED AT TIME OF	,f
PERSONAL APPEARANCE

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TAPE  RECORDING    OF PERSONAL   APPERANCE   HEARING APPLICANT'S JSSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DlSCUSSED ON THE AITACHED AIR FORCE DISCHARGF REVIEW BOARD DECISIONAL RATIONALK

REMARKS

Case heard at Washington, D.C.

Advise appJicant 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.

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INDORSEJlllENT

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TO:

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SAF/M IBRV

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH  AFB, TX 78I504742		1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONAL E	CASE NUMBER

FD2002-0407	

GENERAL: The applicant appeals for upgrad e of discharge to general (under honorable conditions).

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 evidence of record nor that provided by the applicant provides a sufficient 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 Tit1e 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, he should consider exercising his right to a personal appearance hearing. Should he choose to exercise that right, he should be prepared to provide the Board with evidence of any exemplary 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 insuflicient basis as an act of clemency for change of discharge.

Attachment: Examiner's Brief