RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00319
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His military records and civilian criminal records be corrected
to reflect he received a bad conduct discharge (BCD) for
indecent acts and sodomy instead of a dishonorable discharge
(DD) for strong arme [sic] rape.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His military records and National Crime Information Center (NCIC)
records erroneously reflect he received a DD for strong arme
[sic] rape when he actually received a BCD for indecent acts of
sodomy. These records were erroneously updated 11 years ago and
he now finds himself in legal trouble due to the noted errors.
In support of his appeal, the applicant provides documents
extracted from his military personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Jun 94, the applicant contracted his initial enlistment in
the Regular Air Force.
The applicant was charged with one specification of carnal
knowledge and one specification of sodomy with a girl under the
age of 16. He was tried by special court-martial on 21 Oct 99
and pleaded not guilty to the charge of carnal knowledge, but
pled guilty to indecent acts with a child under 16 and sodomy
with a child under 16. The military judge found him guilty in
accordance with his pleas and sentenced him to a bad conduct
discharge, 10 months confinement, forfeiture of $500.00 pay per
month for 10 months, and reduction in rank to E-1. On 4 Jan 00,
the convening authority approved the findings and sentence as
adjudged. The Air Force Court of Criminal Appeals affirmed the
findings and sentence as adjudged. The United States Court of
Appeals for the Armed Forces denied the applicants petition for
review on his case. The BCD was ordered to be executed on
5 Aug 02. He was discharged on 14 Aug 02. He was credited with
7 years, 4 months, and 20 days of active military service. He
had 8 months and 10 days of lost time.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLOA/JAJM defers to other agencies to determine if changes are
necessary to the applicants military records. The reporting of
the charges and court-martial to national criminal databases is
done contemporaneously with criminal investigation and military
justice actions by law enforcement authorities. JAJM confirmed
the applicant pled guilty to the charges and specifications of
indecent acts and sodomy with a child under the age of 16 at his
court-martial. As a part of his sentence, the applicant received
a BCD (not dishonorable discharge). JAJM notes the Air Force
Automated Military Justice Analysis and Management System
accurately reflect these facts. JAJM notes there are no
corrections to be made to the applicants military justice
documents.
The complete AFLOA/JAJM complete 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 25 Mar 11 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 an injustice. The
applicant contends that his military and NCIC records are
erroneous and incorrectly reflect the basis and characterization
of his discharge. However, we note that AFLOA/JAJM has certified
that the applicants military justice records accurately reflect
the facts of his court martial and sentence. As such, we find no
evidence of error in the records available for our review and the
applicant has not specified what records we should correct.
Regarding his request related to his NCIC and other civilian
records, correction of these records is outside the purview of
this Board. However, we note that he has been advised to contact
the Air Force Office of Special Investigation to pursue possible
correction to the information reported to the NCIC. Therefore,
in the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00319 in Executive Session on 6 Dec 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Feb 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AFLOA/JAJM, dated 14 Mar 11.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 11.
Panel Chair
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