RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02120
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 09 January 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be corrected to show the award of the Small Arms
Expert Marksmanship Ribbon (SAEMR).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He earned the SAEMR from the firearms training he had in basic
training.
Evidence is important as he is pursuing a law enforcement career.
In support of the appeal, applicant submits a form DD 293,
“Application for the Review of Discharge from the Armed Forces of the
United States.”
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 13 May 1982 for a
period of four years. The highest grade he had on active duty was A1C
(E-3) and he performed duties as a plumber.
On 11 July 1985, he was discharged with a general (under honorable
conditions) discharge in the grade of airman basic because of
misconduct. He had served 3 years, 1 month and 29 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial of applicant’s request. There was no
additional documentation submitted to support the applicant’s claim
for the SAEMR. They were unable to verify his entitlement to the
SAEMR and were unable to locate an AF Form 522, USAF Ground Weapons
Training Data or order showing he had qualified as an expert with the
M-16 or a handgun on an Air Force firing range. They were also unable
to locate any local documentation verifying he was awarded the SAEMR.
Upon request, the applicant did not provide any documentation to
substantiate his claim. Therefore, they are unable to verify his
entitlement to the SAEMR. A complete copy of the evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a statement saying it is troubling to be put
through what seems to be the norm in the government. That records of
awards and achievement are so far from reach or lost completely. He
would think that an Expert Marksman Medal that he earned in basic
training, which he would qualify for to this very day if he were
tested, should not at all be hard to find. He would like to add the
wording “Applicant believes he is entitled to these awards…” is quite
unfair when he absolutely earned the medal. He often wondered why it
did not appear on his discharge papers. He considers it plain
ignorance on his part that he did not pursue the matter immediately.
Whether he was man enough or mature enough to leave home when he was
of legal age should be irrelevant. In other words immaturity could
lead to a lot of bad decisions however, that should not justify the
burying of any records of ones achievements.
He knows it benefits the military none to work hard on his behalf. He
is not a man of high office or stature and he does not have the power
to move people at his bidding. But he asks the people who have the
task of finding records to dig deeper simply on the grounds of giving
him the same effort, a fair effort compared to the effort that he
would get if these records were to prove him a criminal or otherwise
vile person. Somehow he knows that we could find the needle in the
haystack if this were an investigation of some sort. Based on that
fact alone, he feels it fair to ask for more.
If those in charge of declining or seconding this request decide to
decline, he would like to ask the granting of time to gather evidence.
Applicant's complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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. The applicant’s contentions have
been duly noted. The applicant should be aware that there is a
presumption of regularity with respect to actions taken by Air Force
officials and, in the absence of evidence to contrary in the official
record, the burden for providing a showing of error or injustice rests
with the applicant. The applicant asserts he qualified for award of
the SAEMR while in the Air Force. We note the appropriate Air Force
office’s statements concerning their unsuccessful attempts to verify
his claim. In view of the above and absent evidence by the applicant
substantiating his entitlement to the cited ribbon, we find no basis
to favorably consider 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 18 October 2005, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Renee M. Collier, Member
Mr. Richard K. Hartley, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2005-02120 was considered:
Exhibit A. DD Form 149, dated 29 Jun 05, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, undated.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 05.
Exhibit E. Applicant’s Response, dated 13 Aug 05, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
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