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AF | BCMR | CY2004 | BC-2003-04253
Original file (BC-2003-04253.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04253
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Small Arms Expert Marksmanship Ribbon  (SAEMR),  the
Air Force Good Conduct Medal (AFGCM) and Armed  Forces  Reserve  Medal
(AFRM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He went through basic training and tech school without a problem.   He
passed his specialist exam within  is  first  year  of  service.   His
rating report was after one year of duty.  In retrospect, Vietnam  was
a war during his service and he feels this request is  justified.   He
believes he is entitled to these awards based on his honorable service
from 16 June 1964 to 13 April 1966.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  16  June  1964  for  a
period of four years.  He was progressively promoted to the  grade  of
airman third class (A3C) on 11 August 1964.

On 13 April 1966, applicant was released from active  duty  under  the
provisions of AFR 39-13 and transferred to Reserve Component, pursuant
to section 4(d)(3), Universal Military Training and Service  Act,  and
AFR 39-63, and will remain assigned there  until  15  June  1970.   He
served 1 year, 9 months and 28 days of active duty service.  A copy of
the  transfer  letter  and  the  Reserve  order  relieving  him   from
assignment are at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

On 2 February  2003,  DPPPR  notified  applicant  that  there  was  no
documentation in his military record indicating that he  was  eligible
for any of these awards.  On  9  February  2004,  applicant  submitted
another DD Form 149 with the same request.  Again, he did not  provide
any documentation to substantiate his claim.  The SAEMR is awarded for
qualifying as Expert on an Air Force firing range.  In order to verify
eligibility for this award, they need a copy of the order awarding it,
or the AF Form 522 showing he fired as an expert with the M-16 or  the
unit’s handgun of issue.  These documents do not exist in his military
record and he did not provide these documents with his  DD  Form  149.
The AFGCM is awarded for three years of exemplary performance while on
active duty.  He did not meet the three year  requirement,  therefore,
he is not eligible for the AFGCM.   There  is  no  indication  in  his
military records that he served in the  Air  Force  Reserves  for  ten
years.  His service was in the Regular Air Force, not in the Reserves.
 Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 May 2004, 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  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  the  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant was provided the opportunity  to  provide  documentation  in
support of his appeal; however, he did not respond.  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  this  application  in
Executive Session on 29 July 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Kathleen F. Graham, Member
                       Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Feb 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 4 May 04.
      Exhibit D. Letter, SAF/MRBR, dated 21 May 04.




                             RICHARD A. PETERSON
                             Panel Chair



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