AIR FORCE DISCHARG E REVIEW  BOARD HEARING RECORD
NAM' OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

1 ..-..
TYPE	x	I	PERSONAL     APPEARANCE

AB

I	RECORD  REVIEW

C01J_N:SEL "--	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA TIOJ'I OF COUNSEL

YES	No

x	111·	mm•

•ltnt P m I'	J f lSU' 7

MEMBER SITTING
r········································

HON	GE1\1	UOTHC	OTHER	DENY
x x

SSUES

A94.06 A92.22

·,

INDEX NUMBER	A68.00

x
x
x	I
:·	EXHIBITS SUBMITIEll.'fO THE B.O/(jj;I!.. <:	. .,•·,
I 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 EXHJBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

25 Mar 2004	FD-2003-00287

Case heard at Washington, D.C.

Advise applicant of the decision of the Board the right to and the right to submit an application to the AFBCMR.

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FR0.'\1:

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TO:

SAF/MRBR
550 C STREETWEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND  DR, EE WING, 3RD FLOOR ANDRE\VS  AFB, MD 10762- 7002

''

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUJ\.1BER

FD-2003-00287	

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

The applicant appeared before the Dischar e Review Board (DRB) at Andrews AFB, Maryland on 25 March 2004 with legal representation by Mr. ·

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The discharge is upgraded to General. The reason for discharge and  RE  code remain unchanged.

The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge. Ho\vever, as a matter df clemency, along with the applicant's significant positive post-service involvement in youth development, community service, and his noteworthy leadership accomplishments, the Board finds the member's Bad  Conduct  Discharge  (BCD) should be upgraded to General, under Honorable conditions.

ISSUE: The applicant submitted a 13-page summary of his issues, which included his acceptance of full responsibility for his misconduct. Among the  applicant's  principal  issues are,  consideration  should have been made by his commander for an administrative discharge for a Personality Disorder and the opinion his discharge was too harsh for the "true nature of the conduct." Additionally, the applicant opines  his two previous periods of Honorable military service (US. Army Reserve and U.S. Air Force) and his post-service community involvement should be taken into consideration by the Board in upgrading his discharge.
Tue applicant did not receive an administrative discharge, thus his contention of an inequity or impropriety 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 a change of a Bad Conduct discharge is clemency.  Aside from the applicant's documented previous periods of Honorable military service, the Board considered the applicant's above average duty performance during the two reporting periods predating his acts of misconduct, his extensive post-service activities, and the period of time that has transpired since his discharge, in granting an upgrade of discharge. However, the Board further opined the seriousness of the member's misconduct did not warrant a full upgrade to Honorable, as he desires.

CONCLUSIONS: The Discharge Review Board concluded that the applicant's pumt1ve discharge  by Special Court-Martial  was appropriate under the facts and circumstances of his case. However, the Board finds a sufficient basis as an act of clemency, for change of discharge.

Attachment: Examiner's Brief