,,.

NA E OF SERVICF: MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
- 1

TYPE BCD

YES	No
x

PERSONAL APPEARANCE
' NAME OF COUNSEL AND OR ORGANIZATION

A l C
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A93. 17
A93. 19 A92.0l A93.15 A94.05 A93.09

INDEX  NUMBER

A68.00

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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 DATE	CASE NUMBER

16 Dec 2003

FD-2003-00253

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/MRBR
550 C STREET W ST, 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 10761 7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00253		

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

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 the 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 Title 10, U.S.C., Section 1553, the only basis for change of a Bad Conduct Discharge, is clemency. The applicant submitted insufficient evidence to warrant clemency and none was evident in the record.

If he can provide additional documented information to substantiate justification for clemency, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of any exemplary post-service accomplishments as well as any 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 insufficient basis as an act of clemency for change of discharge.

Attachment: Examiner's Brief	

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