AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE ENITIAL) GRADE AFSN/SSAN
aes, AB .
TYP
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL a NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
| mM) | OK
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO.THE BOARD
A94.05 A74.00 ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER
BRIEF OF PERSONNEL FILE
30 JUL 03 FD2003-0219 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
REMARKS
Case heard at 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.
SIGNATURE OF RECORDER SIGNATURE OF BOA
UESEMENT oe Bee ee . DATE: 30 JUL 03
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°? FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0219
GENERAL: The applicant appeals for upgrade of discharge to Honorable.
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
FD2003-00219
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
eee (Former AB) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr USAF 28 Nov 01. UP SPCMO No.5
(Conviction by Court Martial). Appeals for Honorable Disch.
2. BACKGROUND:
a. DOB: 22 Jun 79. Enlmt Age: 19 3/12. Disch Age: 22 5/12. Educ: HS DIPL.
AFQT: N/A. A-79, E-70, G-70, M-67. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 30 Jun 99.
b. Prior Sv: (1) AFRes 20 Oct 98 - 12 Jan 99 (2 months 24 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 13 Jan 99 for 6 yrs. Svd: 2 Yrs 10 Mo 15 Das, of which
AMS is 2 yrs 7 months 7 days (excludes 3 months 9 days lost time).
b. Grade Status: AB - 3 Jan 01 (SPCMO No.5, 22 Feb 01)
AlC - 26 Feb 99
c. Time Lost: 3 Jan 01 thru 12 Apr 01 (3 months 9 days).
d. Art 15’s: None.
e. Additional: None.
f£. CM: Special Court Martial No.5 - 22 Feb 01
CHARGE: Article 1ll2a. Plea: Guilty. Finding: Guilty.
Specification: Did, within the continental United States, between
on or about 28 Aug 00 and on or about 28 Sep 00, wrongfully use
cocaine. Sentence adjudged on 3 Jan 01: Reduction to Airman
Basic, confinement for four (4) months, and a bad conduct
discharge.
g. Record of SV: 13 Jan 99 - 15 Aug 00 F.E. Warren AFB 5 (HAF Dir)
(Discharged from F.E. Warren AFB)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (2) Yrs (10) Mos (0) Das
JAMS: (2) Yrs (7) Mos (7) Das
FD2003-00219
4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 30 Apr 03.
(Change Discharge to Honorable)
Issue 1: My discharge was based on one incident. I feel that all of my
positive influences in the military were over looked.
I was a great airman and served above and beyond many others. I was wanting the
military to be my career and am still trying to pursue that dream. My discharge
and reenlistment code are the only things stopping me. Thank you for your time
and consideration. ,
ATCH
1. EMT Basic License.
. Armed Forces Expeditionary Medal.
Certificat of Appreciation.
Two Certificates of Completion.
m Wh
11JUN03/ia
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