AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER {LAST, FIRST MIDDLE INITIAL)	GRADE	AFSNISSAN
llid IIUlm.	AB
IYPE   BCD	PERSONAL APPEARANCE	x	RECORD  REVIEW

 	NAME OJI COUNSEL AND OR ORGANJZA TIO
:    YES	!111>
x

ADDRESS AND OR. mt.GA.N'IZATIDN OF COUNSEL

MEMBER SITTING

HON

GEi'	UOTHC

OTHER

DENY
x
x x x x

ISSUES

AOU3 A92.37

iNDEX NUMBER

A68,00

ATlON FOR REVIEW OF DISCHARGE OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO TllE BOARD AOD!TIONAL EXHIBIT  SUBMITTED AT TIME OF PERSONAL APPEARA'ICE
TAPE RECORDING OF PERSOI' AL APPERANCE

HEl\RI!'(G DATE	CASE NUMBER

i   16 Dec 2003	FD-2003-00342

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 WE T, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OFTHE AJR FORCE PERSONNEL COUNOL
AIR fORCJ: DISCHARGE  REVJ(;W  BOAIU> ISlS COMMAND DR, EE WING, 3-Rl> FLOOR ANDRt.WS  AFB,  MD  20761--7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FDZOOJ..00342	

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 fin!s 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.

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

..	..
'