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AF | BCMR | CY2014 | BC 2014 02253
Original file (BC 2014 02253.txt) Auto-classification: Denied
           RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02253
		
	 		COUNSEL: NONE 

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

The Uniform Code of Military Justice (UCMJ) charges from his 
Federal Bureau of Investigations (FBI) Investigative report be 
removed and replaced with the nonjudicial punishment (Article 
15).

________________________________________________________________

APPLICANT CONTENDS THAT:

He received a squadron level Article 15 in February 2010.  He 
understood that an Article 15 would not affect him when applying 
for jobs after his discharge.  However, when he moved to New 
York in 2012 and applied for a job the potential employer 
requested the disposition of the UCMJ charges reflecting on the 
FBI report.  There are three UCMJ charges on the FBI report with 
an arrest recorded; yet, there is no disposition listed.  

He applied for a NYS Security License and again, they asked for 
the status of prosecution and the certification of disposition 
for the arrest.  He has another interview and does not want to 
jeopardize his future employment.  Please remove the charges and 
replace it with the Article 15 so that he can at least have the 
opportunity to explain the incident.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Air Force who served 
from 20 January 2009 through 30 June 2010.

On 1 March 2010, his commander imposed nonjudicial punishment on 
him under Article 15 for violation of Articles 81, 107 and 108, 
UCMJ.  Specifically, the applicant conspired with another airman 
to devise a false statement regarding the disappearance of his 
Personal Protective Equipment, signed an official statement, 
which was false, and through neglect lost his Personal 
Protective Equipment.  As a result, he received a suspended 
reduction to the grade of airman basic.  

________________________________________________________________

AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  The application was not submitted 
within three years but the merits may be considered by the 
Board.  Nonjudicial punishment is authorized by Article 15 of 
the UCMJ and governed by the Manual for Courts-Martial (MCM) and 
AFI 51-202, Nonjudicial Punishment.  This procedure permits 
commanders to dispose of certain offenses without trial by 
court-martial unless the service member objects.  Service 
members must first be notified by their commanders of the nature 
of the charged offenses, the supporting evidence and the 
commander’s intent to impose the punishment.  The member may 
consult defense counsel to determine whether to accept the 
Article 15 or demand trial by court-martial.  Accepting the 
proceedings is simply a choice of forum, not an admission of 
guilt.  It also is not a criminal conviction.

AFLOA/JAJM does not find there is good cause to grant the 
requested relief.  The information in the applicant’s FBI report 
does not mention any convictions, but merely lists the charges 
given for the applicant’s arrest.  There are multiple ways the 
charges could have been discovered – entirely separate from the 
actual Article 15 process.  Any credible information of charges 
will be entered into the FBI’s National Crime Information 
Center.  Furthermore, any investigation by the Office of Special 
Investigations (OSI) will be discovered in a similar background 
check.  If the charges end in acquittal, it is OSI’s 
responsibility to inform and update the FBI.  However, in this 
case, there was neither acquittal nor conviction; there was an 
Article 15 and so no update was sent to the FBI.  

The complete AFLOA/JAJM 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 10 November 2014, for review and comment within 
30 days (Exhibit D).  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 
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 that would 
warrant action by the Board.  The applicant has requested the 
Board change the UCMJ charges on his background (FBI) report, 
however, this request falls outside the purview of this Board.  
The applicant may wish to contact the agency of record for 
assistance in resolving this matter.  Therefore, there is no 
basis for the Board to take action on the applicant’s request.

________________________________________________________________

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 BCMR Docket Number 
BC-2014-02253 in Executive Session on 5 February 2015, under the 
provisions of AFI 36-2603:


The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 16 May 14, w/atch.
	Exhibit B.      Applicant's Master Personnel Record Excerpts.
	Exhibit C.	Letter, AFLOA/JAJM, dated 30 Jul 14.
	Exhibit D.	Letter, SAF/MRBR, dated 10 Nov 14.


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