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AF | BCMR | CY2008 | BC-2006-03485
Original file (BC-2006-03485.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03485
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
reflect award of the Small Arms Expert Marksmanship Ribbon (SAEMR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He scored as an expert with the M-16 and  received  the  appropriate  ribbon
while enlisted; however, the award is not documented on his DD Form 214.

In support of his request, the applicant provided a  copy  of  his  DD  Form
214.  His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 12 October 1994, applicant entered active duty and on 7 November 1995  he
was discharged with a general (under honorable conditions) discharge in  the
grade of airman.  He served a total of 1 year and 26 days  on  active  duty.
He served as a Security Apprentice.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the SAEMR is  awarded  to  all
Air Force service members who, after 1 January 1963, qualify as “expert”  in
small-arms marksmanship  with  either  the  M-16  rifle  or  issue  handgun.
DPSIDR is unable to locate the required AF Form  522,  which  is  needed  to
verify if applicant scored expert, to be eligible for award  of  the  SAEMR.
Without the AF Form 522, verification of entitlement to the SAEMR cannot  be
accomplished.

DPSIDR’s complete evaluation is at Exhibit C.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 November 2007, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the  applicant’s  submission  and
the evidence of record there appears to be no indication in the  applicant’s
military personnel records that he was awarded  the  SAEMR.   The  applicant
has not  provided  evidence  which  would  lead  us  to  believe  otherwise.
Therefore, we agree with the opinion and recommendation  of  the  Air  Force
office of primary responsibility and adopt its rationale as  the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  In  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2006-
03485 in Executive Session on 18 December 2007, under the provisions of  AFI
36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 November 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 29 October 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 9 November 2007.





                 MICHAEL J. NOVEL
                 Panel Chair

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