AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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1	OR DER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW or DISC! IARGE
3	LETTER or NOTI FICATION
4		BRIEF OF PERSONN EL FILE COUNSEL'S RELEASE TO Tl IE BOARD
ADDITIONAL EXI llBITS SUBMITTED A'I TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HF.ARING DATF.	CASE NUMPF:R

20 Feb 2007	FD-2006-00346

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L AR.E DISCUSSED ON THE ATT
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Case heard in Washington, D.C.

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DISCHARGE REVIEW Jl(lARl:lJl\ll!ll$lONAL RATIONALE

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Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the A FBCMR

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

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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

FROM:

SF.CRF.TARY OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE  lllSCllARGE  RF.VIEW  BOARO
1535 COMMAND  PR, RE WING, 3RD FLOOR ANDREWS AFH, 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-2006-00346	

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.  He 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 did not present evidence which the DRB could consider for upgrade.  Therefore, the DRB opined his application 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