AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE	AFSN/SSAN

AND OR ORGANIZATION

x

MEMBER SITTING

HON	GEN	UOTHC	OTHER	DENY
x x x x
x

ISSUES

A91.06

INDEX NUMBER

A73.00
A39.00	I	ORDER APPOINTING THE BOARD
2	APPUCATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S  RELEASE  TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF PERSONAL APPEARANCE
TAPE RECOR DING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

20 Apr 2004	FD-2003-00510

Case heard at Washington, D.C. via video teleconferencing from Fort Gillem, GA.  The board met in Washington, D.C.; the applicant and counsel were present in Fort Gillem, GA.

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

TO:

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00510	

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

The applicant personally appeared before the Discharge Review Board (ORB).

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

FINDINGS: Upgrade of discharge is denied.

The Board finds the applicant submitted no matters in clemency, and the evidence of record does not provide a sufficient basis in clemency for a change of discharge.

ISSUE:

The applicant did not receive an administrative discharge. The applicant received a Bad Conduct Discharge, a punitive discharge, as part of her 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.

The applicant made several assertions in support of her request for clemency.  First, she argued that she was a different person now from the one that committed the crimes of which she was convicted.  She discussed
her youth at the time of the offenses and that alcohol was involved, the harshness of the punitive discharge in light of her offenses, and the life long negative effects of the punitive discharge.  She also provided information on her accomplishments and struggles since her punitive discharge.  While the ORB was sympathetic to the applicant's situation, the DRB opined that the evidence submitted did not warrant
granting clemency.

CONCLUSIONS:  The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial 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