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 ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Security Forces Management Information System (SFMIS) record be removed. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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