AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NJJIBER 
FD02-0028 

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 the available pertinent data on the applicant and the factors leading to the 
discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The board finds that neither evidence of record nor that provided by the applicant provides a sufficient basis 
in clemency for a change of discharge. 

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable. 
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 
change of a Bad Conduct discharge is clemency.  The Applicant presented  evidence, which the DRB 
opined, 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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2002-0028 

(Former AB)  (HGH Unknown) 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr USAF 99/02/08 UP AFI 36-2102 
(Court Martial).  Appeals for General Disch. 

2.  BACKGROUND: 

a. DOB: 79/02/09.  Enlmt Age: 17 8/12.  Disch Age: 19 11/12. Educ: Unknown. 
AFQT: N/A.  A-83,  E-46,  G - 5 7 ,   M-44. PAFSC: 2W131E -  Aircraft Armament Systems. 
DAS: 97/07/07. 

b.  Prior Sv: (1) AFRes 96/10/29 -  97/01/08 (2 months 10 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 97/01/09 for 4 yrs. Svd: 02 Yrs 01 Mo 00 Das, of which 

AMs  is 01 yr 01 month 09 days  (excludes 1 month 29 days lost time). 

b.  Grade Status:  none. 

c.  Time Lost:  97/12/09-98/02/05 (1 month 29 days) 

d.  Art 1 5 ' s :   none. 
e.  Additional: none. 

f.  CM:  Special Court Martial Order No.4 -  98 Jan 14 

CHARGE I:  Article 121.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, from on or about 20 Sep 97, to on or about 10 
Oct 97, steal personal property, of a value of about $2,600.00, 
the property of AlC -------.  
CHARGE 11:  Article 129.  Plea: Not Guilty.  Finding: Not Guilty, 
but Guilty of a violation of Article 134. 

Specification:  Did, from on or about 20 Sep 97 to on or about 
10 Oct 97, in the nighttime, unlawfully break and enter the 
dormitory room of A1C -------,   with intent to commit larceny. 
Plea:  Not Guilty, but Guilty of the lessor offense of unlawful 
entry.  Finding:  Guilty of the lessor offense included offense of 
unlawful entry, in violation of Article 134. 

CHARGE 111:  Article 107.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, on or about 23 Oct 97, with intent to 

FD2002-0028 

deceive, make a false official statement. 

CHARGE IV:  Article 134.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, from on or about 10 Oct 97 to on or about 29 
Oct 97 to on or about 29 Oct 97, wrongfully and unlawfully 
endeavor to impede an investigation, by throwing away compact 
disks he knew were stolen and tearing off the serial number from 
A1C -------Is Playstation and scratching his name onto it. 
Sentence adjudged on 9 December 1997: 
Bad conduct discharge, 
confinement for four months, and forfeiture of $400.00 pay per 
month for four months. 

g.  Record of SV: none. 

(Discharged from Mountain Home AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS: (02) Yrs  (01) Mos  (11) Das 
TAMS:  (01) Yrs  (01) Mos  (09) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 02/01/08. 

(Change Discharge to General) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Nine (9  Character References . 
2 .   Court of Appeals Packet. 
3. Staff Judge Advocates Recommendation Marked Supporting Document #3. 

02/03/27/ia 

c 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

9,  CERTIFICATION 
statement. (US. Code,  Title  78,  Section  1001, provides that an individualshall be fined under this title or imprisoned not more than Spars. 
Dr  both.) 

AIR  FORCE 

COAST GUARD 

Commandant (G-WPM) 

ID FORM 293, DEC 2000 

Page 2 of 4  Pages 

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a- 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS TWELFTH AIR FORCE (ACC) 

DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 85707-4 100 

04 JAN  1999 

.O?  -- - 

Special Court-Martial Order 
No. 
In the special court-martial case of AIRMAN BASIC 
United States Air Force, 390* Fighter Squadron, the sentence to a bad conduct discharge, 
confinement for 70 days, and forfeiture of $400.00 pay per month for four months, as 
promulgated in Special Court-Martial Order No. 4, Headquarters 366" Wing, Mountain Home 
Air Force Base, Idaho, dated 14 January 1998, has been finally affirmed.  Article 71(c) having 
been complied with, the bad conduct discharge will be executed.  The sentence was adjudged on 
9 December 1997. (ACM S29499) 

Lieutenant General, UQB(F 
Commander 

DISTRIBUTION: 

7* Ave #6877, Mt Home ID 83648 
SAF Judiciary, Eastern Circuit Bolling AFB DC 20332 (MJ) 

QD7D, ADC, Unit 21 10, APO AP 96264-21 10 (TC) 
USAF Judiciary/ADC, Nellis AFB NV  89191-7007 (DC) 
B ID 83648-5297 

1 - 390 FS/CC, Mt Home AFB ID 83648-5297 
1 - 366 SFS/CC/SPOLJ, Mt Home AFB ID 83648-5297 
2 - 366 CPTS/ACF, Mt Home AFB ID 83648-5297 
4 - 366 MSS/MSM, Mt Home AFB ID 83648-5297 
1 - 12 AF/CC/JA, 29 15 S. Twelfth AF Drive, Ste 157, Davis-Monthan AFB AZ 85707-4 100 
10 - AFLSA/JAJM,  112 Luke Ave, Ste 343, Bolling AFB DC 20332-8000 

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lo 7 

1 

SPCMONo. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 366TH WING (ACC) 

MOUNTAIN HOME AFB, IDAHO  83628-5297 

Special Court-Martial Order 
No.  4 

14 Januq-1998 

AIRMAN BASIC 
Fighter Squadron, w& arraigned at Mountain Home AiFForce Base, Idaho, on the following 
offenses at a court-martial convened by this headquarters. 

United States Air Force, 390th 

-1 -  

-.- 

7 

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CHARGE I:  Article 121.  Plea:  G.  Finding:  G. 

Specification:  Did, at or near Mountain Home Air Force Base, Idaho, from on or about 20 
y, of a value of about 
September 1997 to on or about 10 October 19 
$2,600.00, the property of Airman First Class 

Plea:  G.  Finding:  G. 

CHARGE 11:  Article 129.  Plea:  NG.  Finding:  NG, but G of a violation of Article 134. 

Specification:  Did, at or near Mountain Home Air Force Base, Idaho, from on or about 20'  . 
September 1997 to on or about 10 October 1997, in the nighttime, unlawfblly break and enter the 
dormitory room of Airman First Class 
Plea:  NG, but G of the lesser include 
included offense of unlawful entry, in violation of Article 134. 

with intent to commit larceny. 
.  Finding:  G, of the lesser 

CHARGE 111:  Article 107.  Plea:  G.  Finding:  G 

Specification: Did, at or near Mountain Home Air Force Base, Idaho, on or about 23 October 
1997, with intent to deceive, make a false official statement.  Plea:  G.  Finding:  G. 

CHARGE IV:  Article 134.  Plea:  G.  Finding:  G. 

Specification: Did, at or near Mountain Home Air Force Base, Idaho, from on or about 10 
October 1997 to on or about 29 October 1997, wrongfblly and unlawfully endeavor to impede an 
investigation, by throwing away compact disks he knew were stolen and tearing off the serial 

SPCMONo.  4 

number from Airman First Class 
name onto it. 

Plea:  G.  Finding:  G. 

ony Playstation and scratching his 

SENTENCE 

Sentence adjudged on 9 December 1997:  Bad conduct discharge, confinement for four months, 
and forfeiture of $400.00 pay per month for four months. 

ACTION 

United States Air Force, 
In the case of AIRMAN BASIC 
390th Fighter Squadron, only so much of the sentence as provides for a bad conduct discharge,  . 
confinement for 70 days, and forfeiture of $400.00 pay per month for four months is approved, 
and except for the bad conduct discharge will be executed.  The Air Force Corrections System is 
designated for the purpose of confinement, and the confinement will be served therein or 
elsewhere as the Chief, Corrections Divisions, may direct.  Unless competent authority otherwise 
directs, upon completion of the sentence to confinement, the accused will be required under 
Article 76% UCMJ, to take leave pending completion of appellate review of the conviction. 

Brigadier General, USAF 
Commander 

FOR THE COMMANDER 

Staff Judge Advocate 

2 

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SPCMO No.  4 ,   d a t e d   14  J a n   9 8 ,   AB 

DISTRIBUTION: 

FS, Mt Home AFB, ID  83648-5297 

ciary, Eastern Circuit Bolling AFB, DC 20332JMJ) 
A, Mt Home AFB ID  83648-5297 (TC) 

USAF Judiciary/ADC, Nellis AFB NV  891 9 1-7007 (DC) 

1 - 366 WG/CC, Mt Home AFB ID  83648-5297 
1 - 390 FS/CC, Mt Home AFB ID  83648-5297 
1 - 366 OG/CC, Mt Home AFB ID  83648-5297 
1 - 366 SFS/CC, Mt Home AFB ID  83648-5297 
1 - 366 SFS/SFC, Mt Home AFB ID  83648-5297 
2 - 366 CPTSFMFP, Mt Home AFB ID  83648-5297 
4 - 366 MSSDPMPE, Mt Home AFB ID  83648-5297 
1 - 366 WG/JA, Mt Home AFB ID  83648-5297 
1 - HQ 12 AF/CC, Davis-Monthan AFB  AZ 85707-4100 
1 - HQ 12 AF/JA, Davis-Monthan AFB AZ 85707-4100 
10 - AFLSNJAJM,  112 Luke Ave, Rm 343, Bolling AFB DC  20332-8000 
1 - HQ AFPCDPSFUl, 550 C St W, Ste 21, Randolph AFB TX  78150-4723 
1 - DFAS-DEFYAB, 6760 E Irvington Place, Denver CO  80279-7000 
1 - DFAS-DEYFJPC, 6760 E Irvington Place, Denver, CO  80279-5000 
1 - Air Force Security Clearance Ofice, 497 IG/INSB, 229 Brookley Ave, Rm 200, Bolling AFB 
DC  20332-7040 
1 - HQ AFSFCBFC,  1720 Patrick St., Lackland AFB TX  78326-5226 
1 - 11 WG/JAJR, 20 MacDill Blvd, FZm  207, Bolling AFB DC  20332-01 10 

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