RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02033
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The entry of his name in the Air Force Family Advocacy Program
(FAP) Central Registry Board (CRB) for Incident Status
Determination Review (ISDR) cases 20110141 and 20110142 be
removed along with all associated records.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was tried by general court-martial and acquitted of the
charges of alleged child abuse on 19 March 2013. The FAP
refuses to grant an ISDR for review and removal of those records
in their database. They also refuse to consider the new
information that was not available at the time of the CRB
because it was submitted by the Area Defense Counsel.
In support of his appeal, the applicant submits the CRB
determinations, ISDR requests and the Record of Trial.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Air Force serving in the grade
of captain.
Documentation submitted by the applicant shows that on 5 June
2012, the applicants commander referred charges against him for
unlawfully striking a child under the age of 16 on his leg, back
arms and chest and hand with a belt; and unlawfully striking a
child under the age of 16 on his arms with a belt, in violation
of Article 128, Uniform Code of Military Justice.
On 19 March 2013, during a general court-martial, he was tried
and acquitted of those charges.
________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SGH recommends denial. The available documentation
reflects the applicants legal representation submitted a
request on 18 April 2013 for an ISDR. The memorandum states the
applicant was acquitted at a general court-martial of all
charges by a military judge. The memorandum further alleges the
CRB met, heard no witness testimony and only relied on written
police reports.
The memorandum dated 25 October 2011 shows the determination
made by the CRB and that the applicant had 30 days from
notification to submit a written request for an ISDR. The
applicant requested an ISDR on 30 November 2011; however, it was
denied due to no additional new evidence. After his acquittal,
the applicants attorney submitted another ISDR claiming
additional information that was not available until after the
30 day timeframe. This request was also denied due to no new
information other than the applicant was acquitted.
The applicants case was reviewed at the CRB, at which time it
was determined that it met the criteria for maltreatment. Per
Air Force Family Advocacy Program Standards, 1 October 2009,
met criteria indicates an alleged incident of child
maltreatment has been substantiated by the CRB to be merited or
founded. The preponderance of available information indicates
that abuse or maltreatment occurred is of greater weight or more
convincing than the information that indicates that abuse or
maltreatment did not occur.
The CRB is required to make determinations by evaluating all
available information using Department of Defense (DoD)/Air
Force maltreatment definitions and guidance. If the CRB
determines the case meets criteria as defined by DoD/AF
maltreatment definitions, it is entered into the AF Central
Registry database. It is important to note that all cases are
decided on a preponderance of the information criteria, not
beyond a reasonable doubt. Even though the applicant was
acquitted within the legal system, it does not mean his case did
not meet the clinical definition for child physical and
emotional maltreatment.
The complete SGH evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 31 October 2013, for review and comment within
30 days (Exhibit C). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant contends that due to his acquittal of the charges of
alleged child abuse entry of his name in the Air Force Family
Advocacy Program Central Registry Board should be removed along
with all associated records. After reviewing all the evidence
provided by the applicant we do not believe approval of the
requested relief is appropriate. This Board has always operated
under the principle that regularity is presumed in the conduct
of actions by Air Force officials and that the burden for
providing a showing of error or injustice rests with the
applicant. The applicants contentions have undergone extensive
reviews by the CRB and we have seen no evidence which would lead
us to disagree with their assessments. Therefore, we agree with
the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has been a victim of an error
or injustice. Accordingly, this application is not favorably
considered.
___________________________________________________________
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-2013-02033 in Executive Session on 7 January 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02033 was considered:
Exhibit A. DD Form 149, dated 10 Sep 12, w/atchs.
Exhibit B. Letter, AFMOA/SGAT, dated 29 Jul 13.
Exhibit C. Letter, SAF/MRBR, dated 31 Oct 13.
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