AIR FORCE DISCHARGE REVIEW  BOARD HEARI NG RECORD

NA M  :OF SR RVICI' M EM BER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPR BCD	PERSONAL  APPEARANCE	x	RECORD  REVIEW

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ADDRESS AND OR ORGANIZATION Of COUNSEL

x

MEMBER SITTING

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HON

GEN

UOTl lC

OTHER

DEN Y
x x x x x

ISSUES

A92.21

INDEX NUMBER

A68.00

1	ORDER APPOI NTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOA R D
ADDITIONAL FXI llBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

20 Feb 2007	FD-2006-00276

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 appl ication to the AFBCMR

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

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

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COllNCIL AIR FORCE DISCHARGE REVIEW  DOA RD
1535 COMMAND DR, EE WING, JRll f l.OOR ANDREWS Af'B, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NllMHF:R

FD-2006-00276	

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 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