RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00970
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 Sep 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded.
2. His felony arrest be removed from his civilian record.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never convicted or was put in front of a court martial amongst his
peers to face any criminal charges. He was never jailed or served any time
in Air Force confinement.
In support of his request applicant provided a personal statement. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 21
Apr 87. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 96.
Court-martial charges were preferred against the applicant for accessing
and possessing child pornography. On 7 Dec 98, he submitted a request for
discharge in lieu of trial by court-martial. His request was submitted
after consulting with legal counsel and he understood that he may be
discharged with an UOTHC discharge. The discharge authority approved his
request and directed discharge under other than honorable conditions
without probation and rehabilitation. He was discharged on 11 Jan 99. He
served 11 years, 8 months, and 21 days on active duty.
On 27 Apr 00, the Air Force Discharge Review Board considered and denied
his request that his UOTHC discharge be upgraded to honorable.
Pursuant to the Board's request, the Federal Bureau of Investigations (FBI)
provided an Investigative Report pertaining to the applicant (see Exhibit
E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DDPR states the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge authority.
Applicant did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing. The DPPRS evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 Apr
05 and a copy of the FBI Investigative Report was forwarded to the
applicant on 19 Apr 05, for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 error or injustice. Applicant requests that his discharge be
upgraded and that his felony conviction be erased from his civilian
records. He contends that his discharge documents do not reflect what he
believes to be the true nature of his separation. With respect to his
request that his discharge documents be corrected, we thoroughly reviewed
the evidence of record along with his submission and found no evidence of
an error or injustice that would warrant corrective action. It is our
opinion that the discharge documents appropriately reflect the
characterization of his service and reason for his discharge in accordance
with the provisions of the governing regulations. With regard to his
request that the felony conviction be erased from his civilian records, we
are compelled to note that this Board's authority is limited to the
correction of Air Force records and does not allow for correction to any
civilian records. We note as well that the FBI investigative report which
contains data extracted from the National Criminal Information Center
(NCIC) database does not reflect any felony convictions. However, the
report does contain a report of a charge reported by the Air Force Office
of Special Investigations (AFOSI). If the applicant believes the reported
charge is in error, he may petition the Air Force Office of Special
Investigation (AFOSI) for its removal. Otherwise, in the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in 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 AFBCMR Docket Number BC-2005-
00970 in Executive Session on 25 May 05, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charles E. Bennett, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 1 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 05.
Exhibit E. FBI Investigative Report, dated 15 Apr 05.
Exhibit F. Letter, SAF/MRBC, dated 19 Apr 05.
JOSEPH G. DIAMOND
Panel Chair
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