1

AIR FORCE DISCHA RG E REVIEW BOARD HE ARING R ECORD
NAME OF SERVICE  IEMBER (LAST, FIRST MIDDLE INITIA L)	GRADE	AFSN/SSAI\
• 31111 .,	ts	AB	4

TYPE GEN

I	PERSONAL  APPEARANCE

x I	RECORD  REVIEW

,      Cf?'U)'.1:$i'.. ;'    , NA.'\1E OF COUNSEL AND OR ORGANIZATION
YES	No
x

MEM BER SITTING

ADDRESS  AND OR ORGANIZATION OF COUNSEL

..     VOTE OFTHEBOAIID	· •··.   ·
1-	-.--- -- -	.- ·------ · -	--
HON	GEN	UOTHC	OTHER	DENY
x x x x
x

ISSUES

A94.05

l'.llDEX NUMBl'.R

A68.00	. .•..·   ..	I     JtmIBrtSS.1.J!!MI!    !l;T.l).fmljl!!9A¥D    .	.· • ·.
I	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 EXHlBlTS SUBMHTED A11lME OF PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL  A PPEARANCE

HEARING DATE	CASE NUMBER

21 Jul 2005	FD-2004-00465
.

Case heard at Washi ngton, 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.

Names and votes will be made available to the applicant at the applicant's req uest.

I	/l

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, 1X 78150-4742

...
.

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
Af\"DREWS 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-2004-00465	

GENERAL: The applicant appeals for upgrade of discharge to general and to change the reenlistment code.

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 and change of reenlistment code are 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: Applicant contends discharge was inequitable because it was too harsh in that his actions do not reflect a criminal mindset but poor financial management and problem solving skills. The records indicated the applicant received a Special Court Martial for using another person's credit card. He also received a General Court Martial for stealing military property on two separate occasions. 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 his court martial conviction. Under the provision of Section 1553, I 0 USC, the only basis for change of a Bad Conduct discharge is clemency. The applicant presented evidence which the DRB opined 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