AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

' NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AB
x	RECORD REVIEW·
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x

ISSUES

A9l.05

INDEX NUMBER

A68.00

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

30 Jun 2009	FD-2008-00212

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.

SIGNATIJRE OF.RECORDER	?}	/l

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND  DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00212	

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 provides a sufficient basis in clemency for a change of discharge.

ISSUE:

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.  He apologized for his actions, discussed his accomplishments while in the Air Force and Air National Guard, and stated that he has been successful as a bio-technician since receiving  his BCD.   The Board determined  a BCD  was appropri ate for the applicant's misconduct  of using marijuana and cocaine.

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