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AF | BCMR | CY2004 | BC-2004-00987
Original file (BC-2004-00987.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00987
                       INDEX CODE:   131.00

                       COUNSEL:  None

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Air Force Outstanding
Unit Award with Valor and two Oak Leaf Clusters (AFOUA  w/2OLCs),  the
Republic of Vietnam Gallantry Cross with  Palm  (RVGC  w/P),  the  Air
Force Longevity Service Award (AFLSA), the Vietnam Service Medal  with
four Bronze Service Stars (VSM  w/4BSS)  and  the  Small  Arms  Expert
Marksmanship Ribbon (SAEMR).

EXAMINER’S NOTE:

On 12 April 2004, DPPPRA informed the applicant he is entitled to  the
AFOUA with “V” device and two OLCs,  RVGC  w/P,  AFLSA,  and  the  VSM
w/4BSS.  Therefore, the only issue to be considered by  the  Board  is
the applicant's request regarding the SAEMR.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to  these  awards  for  his  service  in  Vietnam.   On
28 March 1969, he successfully completed his weapons qualification.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air   Force   (RegAF)   on
27 September 1968, as an airman basic (AB) for a period of four years.

On 12 April 2004, DPPPRA informed the applicant his  records  did  not
reflect he earned the SAEMR, nor did he provide any  documentation  to
substantiate his claim for the SAEMR.  DPPPRA requested the  applicant
provide a copy of the order awarding him the SAEMR or the original Air
Form (AF) 522, showing he fired as expert with the M-16 or handgun  on
an Air Force firing range.

On 25 April 2004, the applicant submitted a copy of his AF  Form  623,
Consolidated Training Record, which  reflects  on  28 March  1969,  he
scored 92 on his weapons qualification.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPRA states the SAEMR is awarded to Air Force Personnel  who
after 1 January 1963 qualified as “Expert” with an M-16 or handgun  on
the AF qualification course or on the appropriate orientation  course.
The servicemember must submit the AF Form 522 or a copy of  the  order
awarding the SAEMR to verify their entitlement to the  award.   On  12
April 2004, they informed the applicant he needed to provide a copy of
the order or the AF Form 522 to verify his entitlement to  the  SAEMR.
The applicant provided a copy of  his  consolidated  training  record.
The documentation the applicant provided was not  sufficient  evidence
to substantiate his request for the SAEMR, therefore, they are  unable
to verify his entitlement for the award.   DPPPRA  recommends  denying
the applicant's request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
28 May 2004, for review and response.  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 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 applicant was requested to provide a  copy  of  his  AF  Form  522
verifying he qualified as Expert on the  firing  range  or  the  order
awarding  him  the  SAEMR.   The  documentation  he  provided  is  not
persuasive evidence to substantiate his request  for  SAEMR.   Without
any official documentation to support  the  applicant’s  request,  his
entitlement to the  SAEMR  cannot  be  verified.   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-
2003-01834 in Executive Session on 29 June 2004, under  the  provisions
of AFI 36-2603:

                       Ms. Cathlynn B. Sparks, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. James E. Short, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Mar 04, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPRA, dated 21 May 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.




                                        CATHYLYNN B. SPARKS
                                        Panel Chair

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