AIR FORCE DISCHARGE  REVIEW BOARD HEARING  R ECORD
NAME  OF SERVICE MEM BER (LAST, FIRST MIDDLE  I NITIAL)	GRADE	AFSN/SSAN

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TYPE

BCD	I	PERSONAL  APPEARANCI<-:	x	I	RECORD    REVIEW
COUNSEL	NAU O•·COlJNS•:L AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION lW COllNS>:L YES	I	N"
I x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES	A93.0l	INl>F.X MIMHf:I<	A68.00	EXHI BITS SUBMITTED TO THE BOARD
I	OR DER A PPOI NTI NG Tll E BOAR D
2	APPLICATION  FOR REVIEW OF DISCI I AROE
3	LETTER OF NOTI FICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME or
PERSONAL  APPEARA NCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEAN.ING   l>ATi:	CASE NIJMllER

22 Feb 2007	FD-2006-00335
APPLICANT'S ISSUE AND THE ROARll'S l>hCJSJONAL RATIONAL ARE DISCUSSED UN THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL 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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INDORSEMENT	DATE: 3/1/2007
TO:	FRUM:
SAl'/MR BR	SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL
AIR FORCE DISCHARGE  REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANl>IU:ws Af-'H, MU 10761-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00335	

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

The appl icant was offered a personal appearance before the Discharge Review Board (ORB) but declined to exercise this right. The attached brief contains avai labl e perti nent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board  finds that evidence  of record  does not provide  a sufficient  basis  in clemency  for a change of discharge.

ISSUES:

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

The applicant received a Bad Conduct Discharge, a punitive discharge, as part of his sentence resulting from a Special Court-Martial conviction. U nder the provisions of Section 1553, 10 USC, the only basis for a change of a Bad Conduct discharge is clemency. The applicant provided no evidence to which the DRB could review.  The Board concluded the reason for the discharge received by the applicant was found to be appropriate and 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