GRADE

AB

VOTE OF THE:QOARD

HON

OTHER

DENY

x

x

x

x

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

i    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANl.'l.ATION

X   R ECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

GEN

.   UOTHC

x

INDEX NUMBER

A94.05	A74.00	1	ORDER APPOINTING THE BOARD	
	2	APPLICATION FOR REVIEW OF DISCHARGE	
	3	LETfER OF NOTIFICATION	
HEARING DAn;
30 JUL 03	CASE NUMBER
FD2003-0l 62	4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TL\1E OF PERSONAL APPEARANCE	
			IAPE RECORDING OF PERSONAL APPERANCE HEARING	
ANO THE BOARD'S DECISIONAL RATlQl'IAL ARE DISCl)SSED ,ON IBEiA'rl'ACHED:AfR FORCE DISCHAR()E llE.VIEW llOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

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, 3RD FLOOR ANDREWS AFB, MD 207627002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBEH

FD03-0162	

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 her 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 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