AIR FORCE DISCHARGE REVIEW BOARD HEARIJ\"G RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
r '·1t1rnr r n 1 1

GRADE

AB

AFSN/SSAN

TYPE   BCD	I

PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

N> f'.H1N$t{;=,;,  L  NA..'vlE OF COUNSEL AND OR ORG-ANIZATION
YES	No
x

ADDRESS A."-0 OR ORGANIZATION OF COUNSEL

MEMBER SITTING

·· ·· ·
HON	GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A94.05

lNDEX NTMBER

A68.00	,,, lf +m ;+Jf:X'IIJ!!i!1§i$,!,\jlEJ'f [,;J1J:pfj;	J!!:J.i); p[;i <• ,.•· •·
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOT!FfCATION
4		BRIEF or PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE  RECORDING OF PERSONA L APPEARANCE

HEARrNG  DATE	CASE NUMBER

29 Jun 2005	FD-2004-00481
);APe_99  iff-f : j ;?,?l\!JQ, i=- S1S,}QN : (l -'. ;1i  -!BC?	- -  HE	-F?F:I2J,$,1t:h Jf J?)	°: s1,cr,NAL: \r.3· _;:>_:::_ -;\-:.-=::_:- -_-_-,;,:   -;_ '-:
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.

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

TO:

SAf/MRBR
550 C STREET \VEST, SUITE 40 R.A..NDOLPH AFB, TX 78150-4742

FROM:

St:CRETARY OF THE AIR FORCE PERSONNEL COUNClL AIR FORCE DlSCIL.\RGE REVIE\V BOARD
1535 COMMAND DR, EE \VING, JRD FLOOR A'.\DREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00481	

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

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 is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. 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 a Special Court­ Martial conviction. Under the provisions of Section 1553, Title I 0 USC, the only basis for a change of a Bad Conduct discharge is clemency. The applicant presented evidence which the  DRB  opined  did not warrant granting clemency. Moreover, the records indicated the applicant received six Letters of Reprimand and one Memorandum for Record, the majority of which were for financial irresponsi bility, and had been notified of his commander's intent to administrativel y discharge him, all prior to his subsequent offense which led to his Special Court-Martial conviction. As a result of all these previous administrative/ rehabilitation actions, the Board opined that the applicant had  ample opportunities to change his negative behavior prior to the court-martial.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with  the procedural and substantive requi rements of the discharge regulation and was withi n the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoi ng findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, and no evidence warranting clemency; thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief