AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

I	GRADE

AB	AFSN/SSAN

TYPE  BCD	PERSONAL  APPEARANCE	RECORD REVIEW	
NAME OF COUNSEL AND OR ORGANlZATlON
YES	No
x	ADDRESS AND OR ORGANlZATION OF COUNSEL	

MEMBER SITTING

,. ····--.,......... -..·-·	-----------

HON	GEN	UOTHC	OTHER	DENY
x x x x x

ISSUES

A94.54

lNDEX NUMBER

A39.00

-l	ORDER APPOINTING THE BOARD
2	APPLICATION 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 APPEARANCE

llEARlNG  DATE	CASE NUMBER

28 Apr 2005	FD-2004-00432

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR Names and votes will be made available to the applicant at the applicant's request.

. .. -......

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

SECRETARY OF THE AIR FORCE l'ERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW llOARD
1535 COMMAND DR. EE WlNG, JRD FLOOR ANDREWS AFll, 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-2004-00432	

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

The applicant appeared and testified with counsel, 17'!17. of the Veterans of Foreign Wars, before the Discharge Review Board (DRB),), at Andrews AFB, MD, on 28 Apr 2005, 1 tf.. . ., .IJt , the applicant's aunt, also testified on the applicant's behalf	···

The following additional exhibits were submitted at the hearing: Exhibit #5: Five character reference letters
Exhibit #6: City of Long Beach, NJ, Police Report

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

FINDINGS:   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 presented evidence which the  DRB opined warranted granting clemency and the discharge is upgraded to generaL

CONCLUSIONS: The DRB 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, However, after a thorough review of the circumstances of the case and applicant's post-service accomplishments, the DRB determined that clemency in the form of an upgrade of applicant's discharge to general was appropriate,

Attachment: Examiner's Brief