AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

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RECORD REVIEW

MEMBER SITTING

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HON

GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A91.05

JNOf.X NUMIJf.R

A68.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT   SUBMITT  D AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING I>ATE	CASE NUMIJER

13 Jun 2007

FD-2006-00399

Case heard in Washington, D.C. via video teleconference between Robins AFB, GA and Andrews AFB, MD. Advise applicant of the decision of the Board 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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SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH A FB, TX 781 50-4742

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCii. AIR FORCE I>ISCllARGE REVIEW BOARI>
1535 COMMANI> I>R, EE WING, 3RI> FLOOR
ANI>REWS AFB, MI> 20762- 7002

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

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.

Attaclunent:
Examiner's Brief

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00399	

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

The applicant appeared and testified before the Discharge Review Board (Board), with his counsel Mr. J.L.
M. of the law firm of W, G, and M, via video teleconference between Andrews AFB, MD and Robins AFB, GA on 13 Jun 2007.  No witnesses testified on the applicant's behalf.

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 notes the applicant's case was submitted  for review pursuant to the Board's clemency power, under the provisions of Section 1553, 10 USC. After a thorough review of the record and a lengthy presentation by the applicant and his counsel, the Board found no basis to justify a change of discharge. Although the Board was sympathetic to the past and ongoing mental health issues raised by the applicant and especially to the disabling physical injuries (and resulting paraplegia) suffered by the applicant due to a car wreck two years ago, the Board decided the punitive discharge from a Special Court-Martial was more than justified and insufficient additional information was offered or found to justify an upgrade to any type of administrative discharge, considering his entire record  and the testimony  at the hearing.  The applicant's very short active duty service was significantly marred by a nonjudicial punishment action while still in firefighter technical school, eight letters of reprimand and a letter of counseling from command officials at his initial duty station, and a Special Court-Martial for fraudulent enlistment, numerous uses of two different illegal drugs, and for assaulting another Airman both by choking him and by pointing an unloaded weapon at him during a party at the applicant's own home.

The Board did not find a sufficient basis which would warrant changing the applicant's punitive discharge to an administrative discharge as an act of clemency.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of federal law and Air Force regulations, was within the discretion of the discharge authority, and that the applicant was provided full administrative and appellate due process.