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

AB

AFSN/SSAN

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_._	- - - - - - - - - - - - - - - - - ""- - - - - - - - .>--- ---------------+------,---- -------1---------------:------1
TYPE BCD	I	PERSONAL  APPEARANCE	x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

_,

.,

HON	GEN	UOTHC	OTHER	DENY

x x x
x
x

ISSUES

A94.05

INDEX NUMBER

A68.00

1	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

HEARING DATE	CASE NUMBER

22 Aug 2006	FD-2006-00005

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APPLlcANT'S!SStill•A1.\JD TI:lllJO!'JID'S DEC!StdNAf. RATIONAk ..AR!-i DIScPSSED ON TlfEATTACHED AIR:liO&cE D!SC!:IAROEREVIEW BOARD DECI$.IONA{; RATIONALE
.···

Case heard in 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.

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

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SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00005	

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

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:

Although not explicitly stated, the applicant suggested that his misconduct was inequitable because it was too harsh.  Applicant contends the command administered unequal punishment to the parties involved with the misconduct.  The records indicated the applicant had a Special Court Martial, an Article  15, a Vacation, and a Letter of Reprimand for misconduct.  The applicant plead guilty to ten specifications at the Special Court Martial Board for the procurement of things of value and for wrongfully and unlawfully writing checks that he did not have sufficient funds for the payment of said checks.	He received an Article 15 for failure to go at the time prescribed to his appointed place of duty.  He was punished with a suspended reduction to airman, restricted to base for 30 days and a reprimand.  The Vacation action resulted from the
applicant making a false statement to a Security Forces member.  He received a reduction in grade to airman. The records also indicated he received a Letter of Reprimand for being absent without leave.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

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, 10 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.

CONCLUSIONS:   The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is 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