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: 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.