RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01968
		COUNSEL: NONE
		HEARING DESIRED: NO
		
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APPLICANT REQUESTS THAT:

1.  The Board reverses the following convictions from his 4 Dec 
10, Special Court-Martial:

	Charge I, for wrongfully developing a sexual relationship 
with a student and one specification, for entering Airman B----‘s 
room without an escort; another specification for entering Airman 
C---‘s room without an escort, both in violation of Article 92, 
Uniform Code of Military Justice (UCMJ).

	Charge II, for adultery with a student, in violation of 
Article 134, UCMJ.

2.  His demotion to the rank of senior airman (E-4) be rescinded.

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APPLICANT CONTENDS THAT:

He was selected for promotion to the rank of technical sergeant 
(E-6); however, due to the accusation that he committed adultery, 
he was never allowed to pin-on his rank.

There was no evidence that he ever called, sent text messages, or 
had an inappropriate relationship with his accuser.

In support of his request, the applicant provides a personal 
statement, extracts from the Record of Trial and cell phone 
records.

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

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STATEMENT OF FACTS:

On 31 Jul 96, the applicant enlisted in the Regular Air Force.

On 4 Dec 10, the applicant was tried at a Special Court-Martial.  
He was charged with violating a lawful general regulation for 
wrongfully developing a sexual relationship with a student, 
Airman B-----, in violation of Article 92, UCMJ; one charge for 
adultery with a student, Airman B-----, in violation of Article 
134, UCMJ; an additional charge for entering Airman B-----‘s room 
without an escort and for entering Airman C---‘s room without an 
escort, in violation of Article 92, UCMJ; and an additional 
charge for making a false official statement to an investigator, 
in violation of Article 107, UCMJ.  He pled not guilty but was 
found guilty of all charges.  He was sentenced to reduction in 
grade to senior airman and to perform hard labor without 
confinement for two months.  

On 19 Dec 10, the convening authority approved the finding and 
sentence.  On 5 Jan 11, The Judge Advocate General (TJAG) 
reviewed the case under Article 69, UCMJ and affirmed the 
findings and sentence. 

On 31 Dec 11, the applicant was discharged for Reduction In Force 
(RIF) with service characterized as honorable in the grade of 
senior airman.  He served 15 years, 5 months and 1 day of total 
active service. 

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  The applicant alleged his 
conviction for the offenses with Airman B------ were not 
supported by the facts.  Specifically, the phone records did not 
show a record of any phone calls or text messages between him and 
his accuser.  

JAJAM states they were unable to review an examination of the 
applicant’s record of trial because it cannot be located; 
however, they were able to review the documents provided by him 
and the limited information in the Air Force Automated Military 
Justice Analysis and Management System (AMJAMS).  Based on the 
documents provided by the applicant and the information included 
in AMJAMS, there is no apparent error or injustice in how the 
court-martial was conducted.  The applicant’s sentence to a 
reduction in grade to airman basic {sic} and hard labor without 
confinement for two months was well within legal limits. 

The complete JAJM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 28 Jun 13, for review and comment within 30 days (Exhibit D).  
As of this date, this office has not received a 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 error or injustice to warrant 
reversing the applicant’s court-martial conviction.  We note 
that this Board is without authority to reverse, set aside, or 
otherwise expunge a court-martial conviction.  Rather, in 
accordance with Title 10, United States Code, Section 1552(f), 
our actions are limited to corrections to the record to reflect 
actions taken by the reviewing officials and action on the 
sentence of the court-martial for the purpose of clemency.  We 
find no evidence which indicates the applicant’s service 
characterization, which had its basis in his court-martial and 
was a part of the sentence of the military court, was improper 
or that it exceeded the limitations set forth in the UCMJ.  
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 
not been the victim of an error or injustice.  Regarding the 
applicant’s request to rescind his demotion to the grade of SrA, 
the applicant has not provided any evidence to warrant approving 
his request.  Therefore, in view of the above and 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 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 Docket Number   BC-
2013-01968 in Executive Session on 27 Jan 14, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01968 was considered:

	Exhibit A.  DD Form 149, dated 20 Apr 13, w/atchs.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, AFLOA/JAJM, Letter, dated 14 Jun 13.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Jun 13.




							
                              Panel Chair 
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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