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 applicant’s 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 applicant’s 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. 

 

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AIR FORCE EVALUATION: 

 

AFLOA/JAJM defers to other agencies to determine if changes are 
necessary to the applicant’s 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 applicant’s 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 applicant’s 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