AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAVIE OF SERV ICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE  BCD	PERSONAL  APPEARANCE

GRADE	AFSN/SSAN

••

•

AB
x	RECORD REVIEW

1;:;· ::;¢,o,:fystL
YES	.'fo
x

NAME OF COUNSEL A;' D OR ORGANlZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

-------------------------------------

HON

GEN	UOTHC

OTHER

DENY
x x x
x
x

ISSUES

A95.00

lNDEX NUMBER

A68.00

1	ORDER APPOINTING THE BOARD
2	APPLJCA TION 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 APPER.AN CE

HEARING DATE	CASE NUMBER

07 Jan 2004	FD-2003-00395

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

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TO;

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIE\V BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDRE'W'S AFB, :MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2003-00395	

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 available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of Discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: 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 Court Martial conviction. Under the provisions of Section 1553, I 0 USC, the only basis for change of a Bad Conduct discharge is clemency. The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found that the record did not warrant granting clemency.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief