RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00081

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Small Arms Expert Marksmanship Ribbon (SAEMR). 

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APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect or credit him with his small arms qualification.  His classification as a sharpshooter was not annotated due to a simple oversight.  

The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

According to documentation provided by the applicant, on 21 March 1960, the applicant was issued an Air Form 741, Small Arms Qualification Record, which indicates he qualified as a “sharpshooter,” but did not qualify as a “marksman” or an “expert”.

On 1 August 1965, the applicant retired from the Air Force and was credited with 20 years and 29 days of total active service. 

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.  

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is insufficient documentation to support the applicant’s assertion that he qualifies for the award of the SAEMR.  The SAEMR was authorized by the Secretary of the Air Force on 28 August 1962.  It was awarded to all United States Air Force Service members who, after 1 January 1963, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issue handgun.  Qualification as “expert” in both weapons after 22 June 1972 shall be denoted by a bronze service star worn on the service ribbon.  To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33, Manual of Military Decorations and Awards.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 March 2013 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed. 

3.  After careful consideration of the applicant’s request and the available evidence of record, we find the application untimely.  The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.

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THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely. 

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The following members of the Board considered AFBCMR Docket Number BC-2013-00081 in Executive Session on 22 October 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 30 December 2012, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 19 February 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 1 March 2013.




                                   
                                   Panel Chair


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