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AF | BCMR | CY2011 | BC-2011-01981
Original file (BC-2011-01981.txt) Auto-classification: Denied
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 Claimant’s 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 applicant’s 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 applicant’s 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 
applicant’s circumstance, we do not find a basis for a further 
clemency upgrade of his discharge. Regarding the applicant’s 
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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