AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD20024031 

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

The  applicant  was  offered  a  personal  appearance before  the  Discharge  Review  Board  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 or that provided by applicant provides sufficient basis in 
clemency for 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 Title  10, U.S.C., Section  1553, the only basis  for change of a Bad  Conduct Discharge, is 
clemency.  The applicant submitted no evidence to warrant clemency and none was evident in the record. 

CONCLUSIONS:  The Discharge  Review Board  concludes that  the  applicant's  punitive  discharge by 
Special  Court  Martial  was  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 

FD2 002 - 0 0 3 1 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  A p p l   rec'd  a BCD Disch fr USAF 01/01/10 UP Special 
Court Martial Order No.3  (Conviction by Court Martial).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 78/07/02.  Enlmt Age: 17 11/12.  Disch Age: 22 6/12. Educ:HS DIPL. 

AFQT: N/A.  A-63,  E-56,  G-44,  M-46. PAFSC: 4Y051 - Dental Assistant. 
DAS: 99/07/08. 

b.  Prior Sv: (1) AFRes 96/06/14 -  96/08/20  (2 months 7 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted AB 96/08/21 for 4 yrs.  Extended 98/10/28 for 20 months. Svd: 
04 Yrs 04 Mo 20 Das, of which AMs  is 4  yrs 00 months  5 days  (excludes 4 months  15 
days lost time) . 

b.  Grade Status:  AB -  99/08/13  (SCMO#3, 10 Jan 01) 
c.  Time Lost:  99/05/15 thru 99/05/00  (5 days).  99/08/13 thru 99/12/23  (4 

months 10 days) . 

(1) none. 

d.  Art 1 5 ' s :  
e.  Additional: none. 
f.  CM:  Special Court Martial Order No.8  -  99 Sep 20 

CHARGE I:  Article 86.  Plea: Guilty.  Finding: Guilty. 

Specification 1:  On or about 15 May 99, without authority, absent 
himself from his unit, and did remain so absent until on or about 
20 May 99.  Plea: Guilty, except substituting the tr1911 for the 
r120rt. Finding: Guilty, except substituting the Ir19t1 for the 
'120" . 
Specification 2:  On or about 22 May 99, without authority, absent 
himself from his unit, and did remain so absent until on or about 
9 Jun 99.  Plea: Guilty.  Finding: Guilty. 

CHARGE 11:  Article 87.  Plea: Not Guilty.  Finding: Not Guilty. 

Specification:  On or about 21 May 99, at or near Montgomery, 
Alabama, through design miss the movement of - - - - -  Airlines flight 

FD2 0 0 2 - 0 03 1 

1532 from Montgegomery, Alabama to Atlanta, Georgia, and flight 
55 from Atlanta, Georgia, to Tokyo/Narita, Japan, with which he 
Plea: Not Guilty. 
was required in the course of duty to move. 
Finding: Not Guilty. 

CHARGE 111: Article 92.  Plea: Guilty.  Finding: Guilty. 

Specification 1:  On or about 13 May 99, violate a lawful general 
regulation, to wit: paragraph 25.1, AFI 65-104, dated 1 May 96, by 
wrongfully using his government charge card for other than 
official travel.  Plea: Guilty.  Finding: Guilty. 

Specification 2 :   On or absent 1 Jun 99, violate a lawful general, 
regulation, to wit: paragraph 25.1, AFI 65-104, dated 1 May 96, by 
wrongfully using his government charge card for other than 
official travel.  Plea: Guilty.  Finding: Guilty.  Sentence 
adjudged on 13 Aug 99: 
E-1,  forfeit $639.00 per month for 3 months, and confined for 6 
months. 

To be reprimanded, reduced to the grade of 

Special Court Martial No.1 -  99 Dec 10 
CHARGE:  Article 95.  Plea: Guilty.  Finding: Guilty. 

Specification:  Having been placed in post-trial confinement in 
the 42d Security Forces Squadron Confinement Facility, Maxwell AFB 
Alabama, by a person authorized to order said accused into 
confinement did, at Building 50, Maxwell AFB, Alabama, on or about 
18 Aug 99, escape from confinement.  Plea: Guilty.  Finding: 
Guilty.  Sentence adjudged by military judge on 27 October 99:  To 
be confined for 30 days, to be discharged from the Air Force with 
a bad conduct discharge, and to forfeit $200.00  for one month. 

g.  Record of SV: 96/08/21 -  98/04/20  Maxwell AFB  3  (Initial) 

98/04/21 -  99/03/18  Maxwell AFB  4  (CRO) 

(Discharged from Maxwell AFB) 

h.  Awards &  Decs:  AFOUA, AFTR. 
i.  Stmt of Sv:  TMS:  (04) Yrs  (02) Mos  (13) Das 
TAMS: (04) Yrs  (00) Mos  (05) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln (DD kn 293) dtd 02/01/07. 

(Change Discharge to Honorable) 
Issue 1:  I ------ , am writing you today concerning a Bad Conduct Discharge 
The reason for my request is regarding 
to get upgraded to an Honorable status. 
a Medical Condition with abdominal pain and bleeding since, Spring of 1998.  I 
was going to the Doctors out on Maxwell AFB for three years and they could not 
find anything wrong  so they sent me off base to a Gaterologist. 
The outcome was 
for me to see a Surgeon, which I seen Dr. - - - - - -   and he told me that he did not 

FD2 0 0 2 - 003 1 

You can see my 
think it was my stomach, so he was not going to do any tests. 
Medical Records and see exactly how many times I've been to the Doctor over my 
abdominal pain and bleeding.  I also have outstanding Medical Bills which were 
I know and realize the things I did wrong 
not paid while I was on Active Duty. 
while I did wrong while I was on Active Duty, but I do not see why I have to 
suffer with Abdominal Pain and Bleeding.  Pay Doctor Bills which was caused by 
the Air Force and was Service Connected.  I'm pleading with you all so I can get 
an upgrade so I can get some Medical Benefits until I find out what's wrong with 
me.  The only way for that to happen is for me to get and upgrade to an 
Honorable Discharge, so that the Veterans Affairs Department will treat me.  I 
Thank You for Your Time and Patience. 

ATCH 
1. Applicant's Issues. 

02/04/26/ia