AIR FORCE DISCHARGE REVIEW BOARD HEARING Rl'A-""·-

GRADE	AFSN/SSAN

AB

PERSONAL  APPEARANCE	X  RECORD REVIEW

YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADURESS AND OR ORGANIZATION OJI COUNSEL

MEMBERS  SITTING

HON

GEN	U0111C
x x x
x
x

INDtX NUMBtR
A68.00	l	ORDER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW OF DISCHARGE
3	LE1TER OF NOTIFICATION

HEARING DATE

CASE NUMBER

4	BRIEF OF PERSONNEL FILE

6 AUG 03

FD2003-0239	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHJBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL  APPERANCE llliARlNG
AlRFOf\C!l D SCHARG\! REVrEW BOARD 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.

OAJ'E: 6.

SAF/M!BR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

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

SECRETARY OF THE AIR FORCE PERSONNEl AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762·7002
Previous edition will

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CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	FD03-0239

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

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 CourtwMartial 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