RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01429
			COUNSEL:  NONE
			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Security Forces Management Information System (SFMIS) record 
be removed.

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APPLICANT CONTENDS THAT:

The information in SFMIS is inaccurate as the allegations were 
unsubstantiated and never prosecuted.  His SFMIS record has 
resulted in the loss of a federal government job and should be 
removed.  He is not a criminal and was not convicted of any of 
the offenses in the database.

In support of his request, the applicant provides copies of a 
memorandum from his civilian hiring authority, a SFMIS printout, 
memorandum to his commander for removal of SFMIS, and a 
memorandum from the Central Registry Board (CRB).

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 13 Sep 11, the applicant, then a master sergeant, was offered 
nonjudicial punishment (NJP) under Article 15, Uniform Code of 
Military Justice (UCMJ).  He was charged with one specification 
of dereliction of his duties in that he willfully failed to 
refrain from having an unprofessional relationship with an 
officer, in violation of Article 92; one specification for 
assaulting his wife, in violation of Article 128; and one 
specification for adultery and two specifications for 
communicating threats, all in violation of Article 134.  The 
applicant was afforded the opportunity to consult with defense 
counsel, accepted the Article 15 and waived his right to demand 
trial by court-martial.  He elected to present written matters 
and elected not to make a personal appearance before his 
commander.  On 21 Sep 11, the commander decided that the 
applicant had committed the charged offenses and imposed 
punishment consisting of a reduction to the grade of technical 
sergeant, suspended for six months and a reprimand.  The 
applicant appealed the commander’s decision.  On 26 Sep 11, the 
appeal was denied by his commander, and on 29 Sep 11 by the 
appellate authority.  The Article 15 action was reviewed and 
determined to be legally sufficient.

On 1 Sep 12, the applicant retired from the Air Force.  

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends removing the portion of the SFMIS record 
that pertains to the applicant being charged with rape using 
force on or after 1 Oct 07.  However, they do not recommend 
removing the entire record.  

The SFMIS database is a record of an individual’s incident 
history.  It should correctly reflect what the individual has 
been charged with and the actions taken, if applicable.  The 
applicant was charged with adultery and communicating a threat 
in his NJP.  He was also found guilty of those offenses, so 
those should remain in the SFIMS database.  The applicant was 
not officially charged with rape so this portion of the record 
should be removed.  

The applicant does not make a compelling argument that the Board 
should remove all the information in the SFMIS.  The SFMIS 
database reflects that the applicant was charged with rape using 
force, adultery, and communicating a threat in 2011.  Though 
never prosecuted before a court-martial for these offenses, the 
applicant was offered the opportunity to go to a court-martial; 
however, he elected to take the NJP instead and was found guilty 
of these offenses.

The applicant does not allege an error in the processing of the 
NJP against him.  What he asks for is that his SFMIS record be 
removed as if he was never prosecuted or convicted of any of the 
charges on his record.  

The complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 May 13, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days (Exhibit D).  
As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice to warrant 
removal of his entire record from the SFMIS database.  While the 
applicant argues that the information in the SFMIS is inaccurate 
and should be removed, other than the change of rape, for which 
he was never charged, he has failed to provide evidence to 
support the other entries, are in error or unjust.  As pointed-
out by JAJM the SFMIS database is a record of an individual’s 
incident history and should reflect what an individual has been 
charged with and any action taken, if applicable.  In view of 
this and in the absence of evidence that a SFMIS entry is in 
error or unjust, we agree with JAJM that such a record should 
not be disturbed.  In view of the above and absent evidence to 
the contrary, we find no basis to recommend removing the 
applicant’s entire incident history from the SFMIS.

4.  Notwithstanding the above, we find sufficient evidence has 
been presented to warrant removing the incident history entry 
relating to the applicant being charged with rape using force on 
or after 1 Oct 07.  We note that the applicant was not 
officially charged with rape; as such, this entry is inaccurate 
and should be removed from the SFMIS record.  Therefore, we 
recommend his records be corrected to the extent indicated 
below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that the 1 Jan 
11 charge of rape using force on or after 1 Oct 07, be declared 
void and removed from the Security Force Management Information 
System.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01429 in Executive Session on 17 Dec 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member



All members voted to correct the records, as recommended.  The 
following documentary evidence pertaining to Docket Number     
BC-2013-01429 was considered:

     Exhibit A.  DD Form 149, dated 19 Mar 13, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFLOA/JAJM, dated 1 May 13.
     Exhibit D.  Letter, SAF/MRBR, dated 3 May 13.




                                   Panel Chair