AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NA1E OF SERVICE   1El\-1BER (LAST, FIRST l\UDDLE INITIAL)	GRADE

AFSNISSAN
·.

TYPE BCD

PERSONAL  APPEARANCE

x	RECORD  REVIEW

YES	No

,

x

NAME l?F. COUNSEL AND OR ORGANIZA TJON	ADDRESS  A'.ID OR  ORGAl'llZATION   OF COUNSEL

n,,
I•

------- --------- --------- --M--E--M--B-E--R SITTING	_

HON	GEN	UOTHC
x
x
x
x
x

( -------------------------------------

lSSUES

A92.19 A94.05

INDEX  NUMBER

ORDER APPOINTING THE BOARD 	
2	Al'PLICATJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTlFICA TlON
4	DRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEAR.t\NCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DAT[

CASEl'iUMBER

05 May 2004	FD-2004-00007

Case heard at Washin gton, D.C.
!
IAdvise 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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;--------------\

SAF/l\1RBR
550 C STREET W	UJTE 40
RA'lDOLPH AFB, TX 781504742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AlR FORCE DISCHARGE REYIEW :BOARD 1535 COMMAND DR, J:.E WING, lRD t'l.OOR ANDREWS AFB, MD 211762- 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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

CASE 1'UMBER

FD2004-00007

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