RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01757

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

	1.  His DD Form 2715-2, Inmate Summary Data, Item 5.  Current Offense be corrected to reflect “Child Endangerment” rather than “Article 134-Z7 Any involvement – Sexual Exploitation – Child.”

	2.  His sentence for confinement under General Court-Martial Order No 40 be amended to reflect 12 months confinement rather than 3 years confinement.

	3.  His Dishonorable Discharge be upgraded to an Honorable Discharge.

	By amendment he requests his parole and release date be changed to 4 Mar 12.

APPLICANT CONTENDS THAT:

Since his conviction, he has tried to become a highly productive member of society.  He has earned numerous certificates and certifications. He earned a Bachelor’s degree in Human Resource Development.  He has volunteered with several organizations.  He is requesting clemency consideration.  Changing his confinement sentence would require him to register as a sex offender for 15 years rather than 25 years.  His status as a sex offender has resulted in the loss of employment, residence and membership in military organizations.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior master sergeant.

On 18 Sep 09, the applicant received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for the following:  wrongfully visiting the sleeping quarters of a female captain, at Al Udeid Air Base, Qatar, in violation of the United States Central Command General Order 1B, paragraph 2(n), dated 1 Jun 07; failing to maintain a professional relationship with the same female captain; failing to maintain a professional relationship with another female captain; and failing to go to his appointed place of duty.  His punishment consisted of forfeiture of $1,998 per month for two months; restriction for 45 days; 45 days’ extra duty; and a reprimand.  On appeal, the restriction and extra duty were modified to, “45 days, or the duration of your stay in Qatar, whichever is shorter.”  

On 10 Feb 10, the applicant received non-judicial punishment under Article 15 of the UCMJ for unwanted sexual contact with an adult female enlisted member, junior to him in grade.  His punishment consisted of reduction to the grade of master sergeant, forfeiture of $1,500 per month for two months (suspended), 30 days’ extra duty, and a reprimand.

On 9 Jun 11, the convening authority published General Court-Martial Order No. 40.  The Order stated the applicant was found guilty of three specifications of public indecent acts in front of three separate female victims, two of whom were minors, in violation of Article 120 of the UCMJ; and two specifications of false official statement, in violation of Article 107 of the UCMJ.  The applicant was sentenced to confinement for three years, forfeiture of all pay and allowances, reduction to the grade of Airman Basic, and discharge from the service with a Dishonorable Discharge, which was executed on 4 Apr 14.

On 2 Nov 17, a request for post-service information and a Federal Bureau of Investigation (FBI) background check was forwarded to the applicant (Exhibit C).  In response, the applicant provided a Kansas State and FBI investigative report (Exhibit D).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit E.

AIR FORCE EVALUATION:

AFLOA/JAJM finds no basis to set aside the applicant’s court-martial sentence.  While the applicant does not challenge the nonjudicial punishments he received, JAJM also found the applicant’s Article 15 actions to be legally sufficient.  The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 May 18 for comment (Exhibit F), and the applicant replied on 7 Jun 18.  In his response, he takes full responsibility for his past criminal actions, but humbly requests the mercy and compassion from the Board for clemency.  Granting him clemency will not change his court-martial conviction, but it would allow him to become a more productive member of society and continue his process of reintegration.  Clemency also would afford him the opportunity to reapply for a reduction from the 25-year sex offender registration period to a 15-year sex offender registration period.  He also would be able to apply for veterans benefits earned during his honorable period of service.  Due to the Inmate Data Summary reflecting an incorrect charge, he spent an additional 345 days in confinement.  He requests compensation or clemency towards his discharge.

The applicant’s complete response is at Exhibit G.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  This Board is without authority to reverse, set aside, or otherwise expunge a court-martial conviction.  Rather, in accordance with Title 10, United States Code, Section 1552(f), actions by this Board are limited to corrections reflecting actions taken by the reviewing officials and action on the sentence of the court-martial for the purpose of clemency.  The Board finds no evidence that indicates the sentence of the military court was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice.  The Board also considered the applicant’s overall quality of service, the seriousness of the offenses of which the applicant was convicted, and all available post-service information.  However, the Board finds no basis for clemency in the case.  Regarding the portion of the applicant’s request for changes to the Inmate Summary Data, the applicant has not shown that any error in citing the dismissed charge caused the Parole Board to deny him parole.  At the time the Parole Board met, the applicant had completed seven months of his three-year sentence and had not completed treatment.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01757 in Executive Session on 25 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Forms 149, w/atchs, dated 1 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 2 Nov 17.
Exhibit D:	FBI Investigative Report, dated 23 Mar 18.
Exhibit E:	Advisory opinion, AFLOA/JAJM, w/atch, dated 26 Mar 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 10 May 18.
Exhibit G:	Letter, Applicant, 7 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.