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.