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AF | BCMR | CY2005 | BC-2005-02120
Original file (BC-2005-02120.doc) Auto-classification: Denied

                       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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