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AF | BCMR | CY2006 | BC-2006-01259
Original file (BC-2006-01259.doc) Auto-classification: Denied

 RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01259
            INDEX CODE:  110.00
            COUNSEL:  Department of Veterans
                                           Services
            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  27 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Force Good Conduct Medal (AFGCM),  Small  Arms  Expert
Marksmanship Ribbon (SAEMR) and any other awards he may be entitled  to  for
his four years of active duty.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His awards were never annotated upon leaving the Air Force.

In support of his request, applicant provides a copy of his DD Form 214  and
enlistment document.  Applicant’s complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  16  November  1971.   He
was progressively promoted to the grade of sergeant (E-4).

On 22 April 1974, he was charged with sleeping on post.  For this  incident,
punishment under Article 15, Uniform Code of Military  Justice  (UCMJ),  was
imposed.  He received a suspended reduction to  airman  first  class  (E-3),
$50 per month for two months forfeiture of his pay and  restriction  to  the
limits of Ubon Airfield, Thailand.

On 5 July 1974, he failed to go at the  time  prescribed  to  his  appointed
place of duty.  For this incident, his suspended reduction was vacated.

On 15 November 1975, the applicant was discharged  from  active  duty  under
the provisions of AFM 39-10 (Completion of  Required  Active  Service).   He
was credited with 4 years of active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states  that  based  on  the  fact  the
applicant received two Article 15's  within  the  required  3  years  to  be
eligible for the AFGCM, the applicant is not eligible  for  the  AFGCM.   In
addition, DPPPR advises, that  the  required  AF  Form  522  to  verify  the
applicant's entitlement  to  the  SAEMR  is  not  located  in  his  official
military record.  Without proper documentation to verify the applicant  shot
expert marksmanship they recommend disapproval of the award  of  the  SAEMR.
The AFPC/DPPPR complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 2 July  2006
for review and comment within 30 days.  As of this  date,  this  office  has
received no response.

_________________________________________________________________

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  are  duly
noted, however, after a careful review of the evidence of  record,  we  find
his assertions, in and by themselves, insufficient to support findings  that
he was entitled to the Small Arms Expert  Marksmanship  Ribbon.   Therefore,
we agree with the opinion and recommendation of the Air Force and adopt  its
rationale as the basis for our conclusion that the applicant has  failed  to
sustain his burden that he has suffered either  an  error  or  injustice  in
this matter.  In regard to the applicant’s request he  be  awarded  the  Air
Force Good Conduct Medal (AFGCM), according  to  the  Air  Force  office  of
primary  responsibility,  the  AFGCM  is  awarded  to  Air  Force   enlisted
personnel for  exemplary  conduct  during  a  three-year  period  of  active
military service.  Based on the fact  the  applicant  received  two  Article
15's within the required 3  years,  the  applicant  is  ineligible  for  the
AFGCM.   In view of the  above  and  in  the  absence  of  evidence  to  the
contrary, we find no 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 probable 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  Docket  Number  BC-2006-01259
in Executive Session on 13 September 2006, under the provisions of  AFI  36-
2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Mr. Gary G. Sauner, Member
                 Ms. Teri G. Spoutz, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
01259 was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 10 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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