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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