AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMB:R (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
' t;;; NSl\\I.	NAME OF COUNSEL  AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
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MEMBER SITTING	HON	GEN	UOTl lC	OTHER	DENY
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ISSliF.S	A94.53	INDEX NUMBER	A39.00	EXHIBl1;$06MITTED TO THE BO,#
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 HE

HEARING DATE	CASE NUMBER

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19 Sep 2006	FD-2006-00046
APPLICANT'S ISSUE AND THI:! BOAIU>'S	IONAL l\ATIONM'!WJ!.l!SCUSSl!D ON THE A1iACHEP AIR FORCE DlCHAROE R,E':'.lll)':'.P:!?,:-UU' DBCISJONAL M1WNAUi
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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 appl icant's request.

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TO,	FROM,

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SECRETARY OF THE AIR t"ORC>; PERSONNEL COUNCIL
AIR FORCE DISCHARGE Rl>VIEW BOARD
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WI NG, JRD FLOOR
RANDOLPH  AFB,  TX 78150-4742	ANDRl>WS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASF: NUMBER

FD-2006-00046	

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:

The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting from a Special Court-Martial conviction for wrongful use of marijuana.  Under the provisions of Section 1553,
10 USC, the only basis for a change of a Bad Conduct discharge is clemency. The applicant did not present evidence which the DRB could consider to 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.

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