A IR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB

1-----. - -------------- ----------i--- -----------+
X	RECORD  REVIEW
ADDRESS  AND OR OKGANl7.ATION m·COUNSEL

HON

GEN

UOTHC

OTHER

DENY

X*+
-- ----	·-----+-------1--    ---1-----+----+-----
X*+

X*+

X*1

1ss1ms

A95.00 AOl.00

INDEX NUMBER

A68.00

X*+

APPLICATION FOR REVIEW or DISCHARGE 	

COUNSEL'S RELEASE TO THE BOARD·--	-.-	--1
A DDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING Of PERSONAL APPEARANCE HEARING

HEARING DATE	('ASF, NUMBER

22 Jul 2010

FD-2009-00159

-\PERBVffiW!lOAR]) DEC!S10NAL 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
appl ication to the APBCM R.

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

*Reason and Authority
+Reenl istment Code

TO:

SAF/MRBR
550 C STREET WEST, SlJITE 40
RANDOLl'II AFB, TX 78150-4742

SECRETARV OFTHli: AIH FOH('E VEHSONl'<EL COllNC!L AIR  FORn;ll!SCHAHGE 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 DISCHARG E REVIEW -BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00159	

GENERAL: The applicant appeals fi:lr upgrade of discharge to general, to change the reason and authority for the discharge and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the avai lable service record.

The attached brief contains available perti nent data on the appl icant and the factors lead ing to       discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for dischaige, and change of reenlistment code

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that vvould justify a change of discharge.

ISSUES:

The Board finds that because the applicant did not receive an adm inistrative discharge, thus his contention of inequity is not applicable. The applicant received a Bad Conduct Disc harge, a punitive discharge, as pait of his sentence resulting from a Special Court-Martial conviction. lJnder 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.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was withi n the discretion  of the discharge authority and the applicant was provided full administrative due process.

In view of the foregoing findings, the Board fi1rther concludes that there exists no legal or equitable basis for upgrade of dischaige and detennines the discharge should remain unchanged.

The Discharge Review Board concluded that the applicant's puniti ve dischaige 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