.'
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

I

PIT /I Ill U 1 11'	I

GRADE

AIC

AFSN/SSA!\

TYPE BCD

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATI0:-1 OF COUNSF.L

MEMBER SITTING
---------------------------------- ·..

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A94.53

INDEX NUMBER

A68.00

APPLICATION  FOR  REVIEW  OF DISCHARGE LETTER  OF NOTIFICATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITfONAL EXHIBITS SUBMITTED AT Tl   E OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

01 Dec 2004	FD-2004-00243

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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SAF/MRBR
550 C STREET WES	ITE 40 RANDOLPH AFB. TX 78150-4742

SECRETARY OF THE AIR FORCE PERSO;.l NEL COU NCIL AIR FORCE DISCHARGE  REVIEW BOARD
l 535 COMMAND DR, .EE \\'ING, 3RD FLOOR Af\DREYrS AFB., MD20762-7002

AFHQ FORM 0-2077, JAN 00

(Ef -V2)

Previous edition will be used

. .

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2004-00243	

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 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. 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 no 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