AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAMR  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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AB	...............

TYPE  BCD	I	PERSONAL    APPEARANCE.	x	I	RECORD   R EVIEW

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COUNSEL

-NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	No
x

VOTE OF THE BOARD

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MEMBER SITTING

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HON

GEN

UOTHC

OTHER

DENY
x

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ISSUES

A94.05

INDEX NUMBER

A68.00

EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOAR D
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	CAS>;  NllMtll:ll

01  Mar 2007	:FD-2006-00218 \
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAi. ARE lllSCUSSfll ON 'I Ht ATIAl'Htll AIR fORCE DISCHARGE REVIEW BOARD DECISIONAL llATIONALE

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 req uest.

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TO:	lt'HOM:
SAF/M R BR
550 C STREET WEST, SUITE 40 RA N DOLPH AFB, TX 78150·4742

s•:CRETAllY OF THE Alll F011n; pt;HSONN>;I.. COlJN('(I. AIR FORCE DISCHARGE REVIEW BOAllD
1535 COMMAND DR, EE WING, JllD FLOOll
ANDREWS 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-2006-00218	

GEN ERAL:  The applicant appeals for upgrade of discharge to General and change reason for discharge to failure to adapt.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains avai l able perti nent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds that neither evidence of record nor that provided by the appl icant provides a sufficient basis in clemency for a change of discharge.

ISSUE:

The applicant's issues are listed in the attached brief.

The applicant did not receive an admi nistrative discharge, thus his contention of inequity is not applicable. The appl icant received a Bad Cond uct 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 clc111cncy. The applicant did not present any evidence which the DRB opined that would 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