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AF | BCMR | CY2008 | BC-2008-00460
Original file (BC-2008-00460.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00460
            INDEX CODE: 107.00
      XXXXXXX.   COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be issued a DD Form 214, Certificate of Release or  Discharge  from
Active Duty.

2.  His DD Form 214 reflect the  Small  Arms  Expert  Marksmanship  Ribbon
(SAEMR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

After separating from the Air Force he was not issued a DD Form  214.   In
April 2003, he qualified as  an  expert  with  the  M-16  rifle  during  a
mandatory weapons qualification course but the award was not updated.   He
made the decision to separate six weeks before  his  separation  date  and
believes his paperwork was not processed due to a lack of concern and  the
short notice.  He was told his M-16 rifle qualifying information would  be
sent to the Military Personnel Flight (MPF) for update;  however,  it  was
not.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from  available  military  records  reflect  the  applicant
enlisted in the Regular Air Force on 14 June 1994 and served  in  the  law
enforcement career field.  On 28 July 2007, he was discharged in the grade
of staff sergeant.

The SAEMR is awarded to all U.S. Air Force service members  who,  after  1
January 1963, qualify as "expert" in small-arms marksmanship  with  either
the M-16 rifle or issued handgun.

Personnel at HQ AFPC have indicated that his request for issuance of a  DD
Form 214 will be corrected administratively.

_________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial of his request for award  of  the  SAEMR.
DPSIDR was unable to verify the applicant's entitlement to the  SAEMR  and
was unable to locate an AF Form 522, USAF Ground  Weapons  Training  Data,
showing he had qualified as an expert on an Air Force  firing  range.   He
did not provide any documentation to substantiate his claim.

The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant
on 7 March 2008 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 error or injustice.  After a thorough review of the available
evidence and the applicant’s complete  submission,  we  find  no  evidence
which would persuade us that his records should be corrected  to  show  he
was awarded the SAEMR.  Should  he  secure  supporting  documentation,  we
would be willing to reconsider his application.  Therefore, 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 material 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 Docket Number  BC-2008-00460
in Executive Session on 15 May 2008, under the provisions of AFI 36-2603:


                 Mr. Michael K. Gallogly, Panel Chair
            Ms.  Janet I. Hassan, Member
            Mr. James G. Neighbors

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 January 2008.
      Exhibit B. Letter, AFPC/DPSIDR, dated 26 February 2008.
      Exhibit C. Letter, SAF/MRBR, dated 7 March 2008.




      MICHAEL K. GALLOGLY
      Panel Chair

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