AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

AFSN/SSAN

TYPE

AB

PERSONAL  APPEARANCE	X   RECORD REVIEW

YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION 01' COUNSl':L

MEMBERS  SITTING	GEN

VOTE OF THE BOARD

UOTIIC

OTHER

DENY
x x x
x
x

ISSUES
A94.05

HEARING DATE
30 JUL 03

INDEX NUMBER
A74.00

CASE NUMBER
FD2003-0219

EXHIBITS SUBMITTED TO.'fmi BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTlFICATION
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
/\PLICANT'.S ISSUE AND THE BOARD'S DE9l51QljAl,)lAT.IONAL ARE OJSCUSSllD ON THE ATTACHED Alli; FORCE DISCHARGE REVIEW BOARD DEClS!ONAL RATlONALE.

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a persona l appearance with/without cou nsel, and the right to submit an application to the AFBCMR.

			
	
DA.TE: 30 JUL 03	
	
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 20762-7002	

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

AIR .FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0219	

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, 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