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AF | BCMR | CY2003 | BC-2003-01023
Original file (BC-2003-01023.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01023
                       INDEX CODE:   131.00

                       COUNSEL:  None

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active  Duty
be corrected to reflect his foreign service, his training as an  Alarm
Response Team (ART) Leader, his award of the  Marksmanship  Badge  and
other awards.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 reflects one day of Foreign Service,  he  served  four
months in Kuwait.  He attempted to have his DD Form 214 corrected when
he was discharged but was refused this courtesy.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 October  1997  as
an airman basic for a period of four years.

The applicant’s DD Form 214 reflects he  was  awarded  the  Air  Force
Training Ribbon and the Air Force Outstanding Unit Award.  His DD Form
214 also reflects  he  completed  Basic  Military  Training,  Security
Forces Apprentice Course and the Air Base Ground Defense Course.

Throughout the applicant’s military career an Unfavorable  Information
File was established and he received an Article 15,  five  Letters  of
Reprimand (LORs), and two Letters of Counseling (LOCs).

Applicant was discharged on 7 December 1999, in the  grade  of  airman
basic with  a  general  (under  honorable  conditions)  discharge,  in
accordance with AFI 36-3208 (Misconduct).  He
served a total of two years,  two  months  and  five  days  of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 states  there  are  no  documents  in  the  applicant’s
records that show an entry or departure date  from  Kuwait.   However,
his performance report for the period ending 31  May  1999  stated  he
volunteered for deployment  to  Kuwait.   On  16  April  1999,  DPAPP2
requested the applicant provide documentation to support his  request.
He did not respond.  They recommend the applicant’s request be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPPR states the recommendation  for  discharge  reflects  the
applicant earned the Air Force  Training  Ribbon  and  the  Air  Force
Outstanding Unit Award.  There was no information in  the  applicant’s
record to indicate he received  the  Small  Arms  Expert  Marksmanship
Ribbon (there is no “badge” for marksmanship in the  Air  Force,  only
ribbons for qualifying as Expert).  The applicant has not provided any
evidence to substantiate his request for foreign  service,  the  Small
Arms Expert Marksmanship Ribbon, nor did he provide any  documentation
regarding the “other awards” for which he  alleges  he  was  entitled.
Without verification of a TDY order to show  he  was  deployed  for  a
specific operation, and copy of a Travel Voucher to show he was  in  a
designated overseas area, his eligibility for award of any  additional
awards cannot be verified.

DPPPR recommends denying the applicant's request.

A copy of the Air Force evaluation is attached at Exhibit D.

EXAMINER’S NOTE:  On 5 June 2003, HQ AFPC/DPPAT informed the applicant
that a course cannot be verified without a personnel data system (PDS)
code and that they could not find a PDS code for his ART Course.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant disagrees with the Air Force  evaluations  because  they
are erroneous in nature.  The applicant has provided,  in  support  of
his request  that  he  served  in  Kuwait,  a  copy  of  his  9th  Air
Expeditionary  Group  Certificate  of  Appreciation,  the  certificate
awarding the Armed Forces Expeditionary Medal (AFEM) and a copy of the
envelope cover and commemorative note.  The applicant  also  submitted
copies of the Air Force Form 1451 (Air
Force Arts and Crafts Equipment Qualification),  Air  Force  Form  522
(USAF Ground Weapons Training Data), Request for Driver’s Training and
Addition to US Government Drivers License, certificate  for  dedicated
service from the Department of the Air Force Chaplain  Service  and  a
certificate of achievement from the 343rd TRS Security  Forces  Talent
Show Participant, United Armed Forces Association

The applicant’s complete response is attached,  with  attachments,  at
Exhibit F.

_________________________________________________________________

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  in  the
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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt their rationale as the basis for our  conclusion  that
the applicant has not been the victim of an  error  or  an  injustice.
The AF Training Policies Implementation office notified the  applicant
on 5 June 2003, that his completion of the ART  Course  could  not  be
verified without a PDS code and that there was not an  applicable  PDS
code for the ART course.  The documentation  the  applicant  submitted
regarding the marksmanship  ribbon  is  noted;  however,  we  find  no
official documentation in the applicant’s records  indicating  he  was
eligible for or received the Small Arms  Expert  Marksmanship  Ribbon.
Further, the applicant has not established the he is eligible for  any
further awards based on his service.  The applicant was  requested  to
provide a copy of the travel voucher showing he was TDY or assigned to
Kuwait for the time period he alleges he served there.   Instead,  the
applicant submitted  locally  produced  copies  of  a  Certificate  of
Appreciation, Certificate for the AFEM, and a copy of the envelope and
cover for a commemorative note  for  the  Second  Anniversary  of  the
Liberation of Kuwait.  While we would be inclined to grant the request
for foreign service, without official documentation  such  as,  travel
vouchers showing the days he was deployed to Kuwait, we have no  basis
to grant his request.  Therefore, in the absence of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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-
2003-01023 in  Executive  Session  on  3  September  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mr. J. Dean Yount, Member
                       Ms. Beth M. McCormick, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Mar 03.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPAPP2, dated 22 May 03, w/atch.
   Exhibit D.  Letter, AFPC/DPPPR, dated 18 Jun 03, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 20 Jun 03.
   Exhibit F.  Applicant’s Response, dated 10 Jul 03, w/atchs.




                                  GREGORY H. PETKOFF
                                  Panel Chair

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