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AF | BCMR | CY2004 | BC-2003-01576
Original file (BC-2003-01576.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01576
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Small Arms Expert  Marksmanship  Ribbon  (SAEMR)
and the Navy Small Arms  Ribbon  with  device  and  that  his  DD  Form  214
(Certificate of Release or Discharge from Active Duty) be corrected in  Item
11 “Primary Specialty” to read 3P051 rather than 3P031.

Examiner’s Note:  The applicant also requested award of  the  Joint  Service
Achievement Medal (JSAM).  AFPC/DPPPR advised that the applicant’s  DD  Form
214 is in error.  They found that he is entitled to the JSAM.  His  DD  Form
214 reflects award of  the  AFGCM  with  one  oak  leaf  cluster,  which  is
incorrect; it should reflect only award of the  basic  AFGCM.   The  changes
were made administratively.  A DD Form 215 (Correction to DD Form  214)  was
issued.  Therefore, the only issues before the Board pertain to his  request
for the SAEMR  and  Navy  Small  Arms  Ribbon  and  his  Primary  Air  Force
Specialty Code (PAFSC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 is in error and since he is joining the Air Force  Reserves,
he would like to have his records correct.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 January 1993.

On 12 January 1997, the applicant was honorably released  from  active  duty
under  the  provisions  of  AFI  36-3208  (Completion  of  Required   Active
Service).  He served a total of 4 years active military service.

The applicant’s DD Form 214 indicated that  he  was  awarded  the  following
decorations and awards:  Air Force Achievement Medal; Air Force  Outstanding
Unit Award with one device; Air Force Good Conduct Medal  with  one  device;
National Defense Service Medal; Air Force Overseas Short  Tour  Ribbon;  Air
Force Overseas Long Tour Ribbon; Air Force Longevity Service  Award  Ribbon;
and the Air Force Training Ribbon.

On 15 August 2003, AFPC/DPPPRA advised the applicant that they verified  his
entitlement to the JSAM; however, he did not provide  any  documentation  to
substantiate his claim for the SAEMR.  Without a copy of his  AF  Form  522,
showing that he qualified as Expert on an Air Force firing range,  they  are
unable to verify his eligibility for award of the  SAEMR.   If  he  did  not
have a copy of AF Form 522 to substantiate his claim,  they  asked  that  he
withdraw that portion of his  application.   Additionally,  he  was  advised
that his DD Form 214  reflected  award  of  the  AFGCM  with  one  oak  leaf
cluster, which is incorrect; it should  reflect  only  award  of  the  basic
AFGCM.  AFPC/DPPPRA advised his  DD  Form  214  would  be  corrected.   They
further indicated that since he was not in the Navy,  he  was  not  eligible
for award of any Navy awards.  Therefore, they asked him  to  withdraw  that
portion of his application.

On 4 November 2003, AFPC/DPPRSP advised the applicant  that  a  DD Form  215
had been completed to correct his DD Form 214  thereby  deleting  the  AFGCM
w/1OLC and adding the JSAM and the AFGCM.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  denial.   They  indicated  the  applicant  has  not
provided any documentation showing  he  earned  the  SAEMR.   Units  do  not
maintain these records.  It is the responsibility  of  the  individuals  who
qualify as Expert to turn over their AF  Forms  522  to  the  NCOIC  of  the
firing range.  The NCOIC, in turn, seals all of the forms into  one  package
and turns the package over to the Military Personnel Flight (MPF).  The  MPF
is then responsible for updating each individual’s records to reflect  award
of the SAEMR.  Without an AF  Form  522,  they  are  unable  to  verify  the
applicant’s eligibility for award of the SAEMR.  Since he  was  in  the  Air
Force, he is not  eligible  for,  or  entitled  to,  any  Navy  marksmanship
ribbons.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 November 2003, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPAC  recommended  denial.   They  indicated  the  applicant  did  not
substantiate he was  awarded  a  Primary  AFSC  of  3P051.   They  requested
additional information from the applicant on 16 June 2003, and  as  of  this
date have not received a response.  Without  additional  documentation  from
the applicant they cannot substantiate his claim.  AFI  36-3202,  Separation
Documents, states that item 11 of the DD Form 214 will reflect  the  Primary
AFSC number and title in which the member performed for one  year  or  more.
The applicant’s personnel records and case file reflect his PAFSC as  3P031,
Security Apprentice.

The evaluation, with attachment, is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 December 2003, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 an 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  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 injustice.  According to the applicant’s  military
personnel records there is no  indication  that  he  was  eligible  for  the
SAEMR.  On 15 August 2003, AFPC/DPPPRA advised the  applicant  that  he  did
not provide documentation to substantiate his claim that he is  entitled  to
the SAEMR.  In order to verify his eligibility for this award, he needed  to
provide a copy of AF Form 522, showing that he qualified  as  Expert  on  an
Air Force firing range.  He was further advised since  he  was  not  in  the
Navy, he was not eligible for award of any Navy awards and he was  asked  to
withdraw that portion of his application.  However, he did not  do  so.   In
view of the foregoing, we find no basis to grant the requested relief.

4.    In reference to the applicant’s request to change his  PAFSC  to  read
3P051 rather than 3P031, we find no  evidence  to  support  the  applicant’s
claim.   There  is  no  documentation  in   the   applicant’s   records   to
substantiate that he was awarded a PAFSC  of  3P051.   AFPC/DPPAC  requested
additional information from the applicant on  16  June  2003,  advising  him
that he needed to provide a copy of AF Form 2096,  Classification/On-The-Job
Training Action, awarding him the 5  skill  level,  special  orders  or  any
official documentation  to  support  his  contentions;   however,  he  never
responded.  Without additional documentation from the  applicant  his  claim
cannot be substantiated.  Therefore, in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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-
01576 in Executive Session on 29 January 2004, under the provisions  of  AFI
36-2603:

                  Ms. Carolyn J. Watkins-Taylor, Panel Chair
                  Mr. John B. Hennessey, Member
                  Ms. Deborah A. Erickson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 April 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 3 November 2003,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 15 November 2003.
   Exhibit E.  Letter, AFPC/DPPAC, dated 5 August 2003, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 15 December 2003.




                                CAROLYN J. WATKINS-TAYLOR
                                Panel Chair

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