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AF | BCMR | CY2007 | BC-2007-01242
Original file (BC-2007-01242.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01242
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 OCT 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the  Air  Force  Small
Arms Expert Marksmanship Ribbon (SAEMR), and the Air  Force  Longevity
Service Award (AFLSA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the SAEMR and it was never entered  into  his  records.
He believes he qualifies for the AFLSA based on his  active  duty  and
Reserve service.

In support of his request, the applicant submits a personal statement,
photographs of himself, excerpts from his military personnel  records,
a copy of his DD Form 214, Certificate of Release  or  Discharge  from
Active Duty, Air Force  Instructions  36-2803,  pages  30-31,  Reserve
Order CA-064236, and two copies of DD Form 215, Correction to DD  Form
214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 June 1966, for  a
term of four years and was progressively  promoted  to  the  grade  of
staff sergeant.  He separated on 5 April 1970, for Convenience of  the
Government, and received an honorable discharge.

His records were administratively corrected on 2  August  2006  and  7
February 2007, to reflect award of the Air Force  Commendation  Medal,
Air Force Outstanding Unit Award with one Oak Leaf Cluster, Air  Force
Good Conduct Medal, Vietnam Service Medal  with  Four  Bronze  Service
Stars, and the Republic of Vietnam Gallantry with Palm.

_________________________________________________________________

AIR FORCE EVALUATION:

DPPPR recommends denial.  DPPPR states, the scores given by the  Range
Instructor and annotated on the applicant’s AF Form 522, Qualification
Score Cards, does not qualify him as expert.  He received 46 out of 60
and 47 out of 60; both scores are marked in the qualified section  and
not expert.  The AFLSA is awarded to all service members of the US Air
Force who complete four years of honorable active or Reserve  military
service with any  Branch  of  the  US  Armed  Forces.   The  applicant
completed 3 years and 10 months of active duty  service,  which  makes
him ineligible for award of the AFLSA.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part, the AFLSA is based on a  combination  of
honorable active or Reserve service.  He does not understand  how  his
service records contain documentation associated with his marksmanship
training/qualification, since the reviews he requested since  December
2004, has failed to produce records related to this issue.   Based  on
the opinion of the office primary responsibility,  the  AF  Form  522,
appear to be tampered with and claim the  scores  annotated  on  these
cards are factual.  If the score cards appear  to  be  tampered  with,
then how can it be determined they contain his original  scores.   The
only piece of factual evidence that has not been tampered with  during
the past 40 years, are the  scanned  photos  he  submitted  with  this
application.

The applicant’s complete response, 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 an error or injustice.  The Board notes the AFLSA  is
awarded to US Armed Forces personnel who complete an aggregate of four
years  honorable  active  Federal  military  service.   The  applicant
completed 3 years and 10 months of active duty service.  He  was  then
transferred to the Reserves and assigned  to  the  Ineligible  Reserve
Section in an  inactive  status,  to  fulfill  his  six-year  military
service obligation required by law.  Based on the governing regulation
in effect at that time, the inactive Reserve period is not  creditable
for award of the AFLSA.  Therefore the applicant  does  not  meet  the
basic criteria and is not eligible for award of this medal.  In regard
to his request for award of the SAEMR, the evidence of record does not
show he  qualified  as  expert  in  small-arms  marksmanship  and  the
applicant has not provided compelling evidence to persuade  the  Board
he should be granted the requested relief.  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 Docket  Number  BC-2007-
01242 in Executive Session on 11 July 2007, under  the  provisions  of
AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Apr 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memo, AFPC/DPPPR, dated 1 May 07.
      Exhibit D. Letter, SAF/MRBR, dated 11 May 07.
      Exhibit E. Letter, Applicant, dated 28 May 07.






      MICHAEL J. NOVEL
      Panel Chair


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