AIR FORCE DISCHARG E REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MlcMB•;R (LAST, FI RST M IDDLI>: I NITIAL)	GRADE	AFSN/SSAN
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TYPE   BCD	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

_,,_.

COlJNSll!I,.

YES	No

NAME OF COUNSEL ANO OR ORGANIZATION	ADDRESS ANO OR ORGANIZATION OF COU NSt.L

x			·-----
VOTE OF THE BOARD

MEMBER SITTING

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HON	GEN	UOTl lC	OTHER	DENY

X+*

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X+*

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ISSUF,S	A94.05	INDEX N!JMBER	A68.00	EXHIBITS SUBMl'fTED TO THE BOARD

1	ORDER APPOINTING Tl IE BOARD

...-

2	A l'l'LICATION FOR R FVIFW OF DISCHARGE	 	 	
-
3	LETTER OF NOTI FICATION	I
4		HR I H OF PERSON N EL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED A'I TI M F. OF	-
PERSONAL APPEARANCE
 	·-
TAPE RECOR DI NG OF PERSONAL APPEA RANCI-. l lr:

HEARING DATE	CASE NUMBER

22 Feb 2007	FD-2006-00241
APt>UCANT'S ISSUE ANO TH\1:.$0A1U1'$.Pl!cl$!(fl\tAr..·J\A'flONAL!1.Al\li.D!SCUSSED ON THE ATIACHEO All( fO&Cll P\scl:JAJl.GE REVIEW BOARD DEClSIONAL kATIONALE

Case heard  i n Washington, D.C.

Advise applicant of the decisi on of the Board, the right to a personal  appearance with/without  counsel, and  t he right to subm i t an application  to  the  AFBCMR.

Names and votes wi l l  be made available to the appl icant at the applicant's req uest.

+ Reason and Authority
* Reenlistment Code
•....t::'). _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - --- --- --- --- ----- --- --- --- --- -- --- --- --- --- ----- ---.

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----------------------------:   ------------I-N-D--O-R--S-E-M--E-N-=T-   ------=---------------------------------------D-A-TE:       212212007
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR mRC>; PFN!;ONNF,L CO!JNCIL
AIR FORCE OISCllARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	ISJS COMMAND OR, EE WING, JRO FLOON
RANDOLPll AFH, TX 781 50-4742	ANDREWS AFB, Mil 2076:?.?tHn

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00241	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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  reason  and  authority  for  d i scharge,  and  change  of reenlistment code are 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, 10 USC, the only basis for a change of a Bad Conduct discharge is clemency. The applicant presented evidence which the ORB 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