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AF | BCMR | CY2009 | BC-2009-01005
Original file (BC-2009-01005.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01005
            INDEX CODE:  107.00
      -----------      COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  his  entitlement  to  the  Small  Arms
Expert Marksmanship Ribbon (SAEMR), a Vietnam Service Award, and  any  other
awards that he earned and did not receive.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The SAEMR and a Southeast Asia Medal are missing from his records.

In support of the appeal, the applicant provides a copy of his DD Form  214,
Report of Separation from Active Duty.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 Dec 70 for  a  term  of
four years and was progressively promoted to the grade  of  sergeant  (E-4).
On 2 Apr 74, he was honorably  discharged.   He  served  a  total  of  three
years, four months, and two days of active service.

His records reflect award of the National Defense  Service  Medal,  and  the
Air Force Good Conduct Medal.

The SAEMR is awarded to all US Air Force service members  who  after  1  Jan
63, qualify as expert in small arms marksmanship with either the M-16  rifle
or issue handgun.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.   DPSIDR  indicates  that  after  a  thorough
review of the applicant’s official personnel records  they  were  unable  to
locate an AF Form 522, USAF Ground Weapons Training Data or  a  letter  from
the Small Arms Expert  Monitor  awarding  him  the  SAEMR  and  he  has  not
supplied any such documentation.  DPSIDR further indicates  they  could  not
verify his entitlement to  any  additional  awards  or  decoration  for  his
active duty service.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17  Jul
09, for review and comment within 30 days.  As of  this  date,  no  response
has been received by this office.

_________________________________________________________________

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.   In  view  of  this,  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  the
applicant has not been the victim of an error or an  injustice.   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 a material error or injustice;  that  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-2009-01005
in Executive Session on 28 Oct 09, under the provisions of AFI 36-2603:

      Mr. ------------, Panel Chair
      Mr. ------------, Member
      Ms. ------------, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Jan 09, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 1 Jul 09.
      Exhibit D. Letter, SAF/MRBR, dated 17 Jul 09.






      -----------
      Panel Chair

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