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Case heard in Washington. D.C.

Advise applican1 of the decision of 1hc Board. the right to a personal appearance with wi1hout counsel,and the right to submit on application 10 the /\FBCMR.

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE l'il';\IBER

FD-20 14-00725	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable or General.

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

The attached  brief conta i ns available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge.

ISSUE: The appl icant received a Bad Conduct Discharge - Specia l Court Martial

The Air Force Discharge Review Board, under i ts responsibil i ty to examine the propriety and equity of an Applicant's discharge, i s authorized to change the characterization of service and the reason  for discharge if such change is wan-anted. I n reviewi ng discharges, the Board presu mes regularity in the conduct of governmental affairs u nless there is substantial credible evidence to rebut the  presumption,  to  include evidence  submitted  by the applicant.   The Board  completed  a thorough  review  of the circumstances that  led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant's  record  of service  included  a  Special  Court  Martial.  The applicant  was  found guilty of stealing a truck  valued at over $500, personal use of a  government  vehicle  and  leaving  his appointed  place of duty  without  authorization.

The applicant contends that he does not deserve a Bad Conduct Discharge for his actions. Under the provisions of Section 1553, I0 USC, the only basis for a change of a Bad Conduct discharge is clemency. Clemency is based on post service actions provided by the member. The applicant did not present any post service actions for the Board to review. The ORB concluded that the applicant's puniti ve discharge by Special Court-Mart ia l is appropriate under the facts and circumstances of this case and there is insufficient basis, as an act or clemency, to wan-ant an upgrade of the discharge.

CONCLUSION: The Discharge Review  Board  concludes  that  the  discharge  was  consistent  with  the procedu ra l and substant ive requ irements of the discharge regu lat ion, was within the discretion of  the discharge authori ty, and that the applicant was provided  fu l l administ rati ve due process.

In view of the foregoi ng fi nd ings, the Board further concludes that t here exists no legal or equitable basis for upgrade of discharge and determi nes the discharge should remai n unchanged.

A ttachment:
Examiner's Brief