AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
PERSONAL APPEARANCE X RECORD REVIEW:
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
xX
X
Xx
x
x
ISSUES A91.05 INDEX NUMBER A68.00 ERAS Ate
1 |ORDER APPOINTING THE BOARD
2_|APPLICATION FOR REVIEW OF DISCHARGE
3_|LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAI 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 persona! 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.
SIGNATURE OF RECORDER
SIGNAT! OARD PRESIDENS A .
To: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
.| AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 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 appropriate 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
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