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AF | BCMR | CY2008 | BC-2008-00190
Original file (BC-2008-00190.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00190
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES
_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to read:

      1.  Block 12 f., Foreign Service, 96 days.

      2.  Block  13,  the  Armed  Forces  Expeditionary  Medal  (AFEM),  the
National  Defense  Service  Medal  (NDSM),  and  the   Small   Arms   Expert
Marksmanship Ribbon (SAEMR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has had his records corrected three separate times; however, his DD  Form
214 is still incorrect.  He believes the frequent corrections and  paperwork
created confusion regarding the missing awards.

In  support  of  his  request,  the  applicant  submits  a  certificate   of
appreciation, the AFEM citation, and his DD Form 214.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 Nov 01, the applicant was discharged due to a  court-martial  and  was
issued a bad conduct discharge.

In an Executive Session held on 24 Jan  07,  the  Board  majority  voted  to
upgrade his discharge to  general  (under  honorable  conditions)  based  on
clemency (Exhibit B).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial of the NDSM and SAEMR.

DPSIDR states the  NDSM  is  awarded  for  honorable  active  duty  military
service from 27 Jun 50 - 27 Jul 54 (Korean War); from 1 Jan 61 - 14  Aug  74
(Vietnam War), from 2 Aug 90 – 30 Nov 95 (Operation DESERT  SHIELD/STORM)  ;
and, 11 Sep 01 - a date to be determined (Global  war  on  Terrorism).   The
applicant was court-martialed for drug use and did  not  complete  his  full
military service; therefore, he is not entitled to this award.

DPSIDR was unable locate an AF Form 522, USAF Ground Weapons Training  Data,
showing he had qualified as an expert with the M-16 or a handgun on  an  Air
Force firing range.

DPSIDR verified his entitlement to foreign service credit and the AFEM.

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 21 Mar 08,  the  applicant  states  he  requested  the
SAEMR based on his qualifications in firing expert on the M-16 rifle  during
technical school.  He submits a copy of his AF Form 522.

His complete response, with attachment, 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.   After   reviewing   the   applicant’s
submission, we do not find the evidence sufficient to warrant  the  approval
of the requested relief.  While we noted his submission of an  AF  Form  522
in support  of  his  request  for  the  SAEMR,  further  analysis  indicates
corrections made to critical parts of the form were not accomplished in  the
prescribed  manner  and  were  inconsistent  with  the   format   of   other
corrections made to the form.  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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  AFBCMR  BC-2008-00190  in
Executive Session on 11 Jun 2008, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Steven A. Cantrell, Member
      Mr. Michael J. Novel, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 11 Jan 08, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 26 Feb 08.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 08.
      Exhibit E.  Letter, Applicant, dated 21 Mar 08, w/atchs.



                                  CHARLENE M. BRADLEY
                                  Panel Chair

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