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AF | BCMR | CY2005 | BC-2005-00970
Original file (BC-2005-00970.DOC) Auto-classification: Denied

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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