RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01981
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be
upgraded to honorable.
2. His rank of airman first class be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His general discharge characterization is preventing him from
getting a job as a security guard at a nuclear power plant.
He is 68 years old and is in bad health. He would like to die
with an honorable discharge. He states 49 years of punishment is
long enough.
He was promoted to airman first class a week before he got into
trouble and lost his stripes.
He served as a police officer for the state of Nebraska for
22 years.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, his discharge certificate, a DD Form 293, Application for
the Review of Discharge or Dismissal from the Armed Forces of the
United States; VA Form 21-22, Appointment of Veterans Service
Organization as Claimants Representative, various training
records and certificates, a list of his medical problems, and a
photograph.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Dec 79, the AFBCMR granted a similar appeal and upgraded his
bad conduct discharge (BCD) to a general (under honorable
conditions) discharge. For an accounting of the facts
surrounding his previous request and the rationale of the Board's
earlier decision, see the Record of Proceedings at Exhibit B.
On 9 Aug 11, the AFBCMR staff offered the applicant an
opportunity to provide information pertaining to his activities
since leaving the service (Exhibit C).
In response to the request the applicant submitted a personal
statement and summarized his civilian career. He states he has
been a good citizen and has not been in any trouble with the law
since his discharge. He provided copies of various training
certificates, and character reference letters.
The applicants complete response, with attachments, is at
Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case to include the decision of the previous Board
to upgrade his BCD to a general discharge. Based on the
available evidence of record, it appears the applicants original
discharge was consistent with the substantive requirements of the
discharge regulation and within the commander's discretionary
authority; however, the Board previously upgraded the discharge
on the basis of clemency. The applicant now appeals for further
clemency stating that the general discharge is preventing him
from obtaining employment. While we are not unsympathetic to the
applicants circumstance, we do not find a basis for a further
clemency upgrade of his discharge. Regarding the applicants
request to restore his rank to airman first class, he has not
provided sufficient evidence to show that his reduction in grade
was due to error or injustice and we do not consider this to be a
proper issue for the consideration of clemency. Therefore, based
on the available evidence of record, we find no basis upon which
to favorably consider this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2011-01981 in Executive Session on 15 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-01981 was considered:
Exhibit A. DD Form 149, dated 8 May 11, w/atchs.
Exhibit B. Record of Proceedings, dated 11 Dec 79, w atchs.
Exhibit C. Letter, SAF/MRBC, dated 9 Aug 11.
Exhibit D. Letter, Applicant, dated 24 Aug 11.
Panel Chair
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