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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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.