RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05056
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Small Arms Expert Marksmanship Ribbon
(SAEMR).
2. His General Under Honorable Discharge be upgraded to
Honorable.
3. His Reenlistment (RE) code be changed from 2B (discharged
under General or Other-Than-Honorable conditions) to
2C (involuntary separation with Honorable discharge).
4. His DD Form 214, Certificate of Release or Discharge from
Active Duty, be updated to reflect the excellent rating his
squadron received on their Inspector General (IG).
________________________________________________________________
APPLICANT CONTENDS THAT:
The administration office which typed his DD Form 214, Certificate of Release or Discharge from Active Duty, must have
inadvertently omitted his SAEMR and his squadrons excellent IG
rating. As for his discharge, not completing his full term of
enlistment is not justification for denying him an Honorable
discharge. He refutes his Letters of Reprimand (LORs) dated
7 Nov 84, 16 Nov 84, and 19 Dec 84, and his Article 15, dated
23 May 85.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 3 Apr 84.
On 7 Nov 84, 16 Nov 84, and 19 Dec 84, the applicant received
LORs for failure to report to his appointed place of duty,
leaving his place of duty, and failure to go to his appointed
place of duty, respectively.
On 23 May 85, the applicant was punished under Article 15 of the
Uniform Code of Military Justice (UCMJ) for failure to go at the
time prescribed to his appointed place of duty in violation of
Article 86 of the UCMJ. For this, he was reduced in grade to
airman basic, forfeited one half of one months pay per month
for two months, received 30 days in correctional custody and 45
days of extra duty.
On 3 Jun 85, the applicants commander notified him he was
recommending him for discharge for misconduct; specifically, a
pattern of misconduct prejudicial to good order and discipline.
The applicant consulted with legal counsel and waived his right
to submit statements in his own behalf.
On 14 Jun 85, the applicant was discharged from active duty with
a General (Under Honorable Conditions) discharge, with a
Narrative Reason for Separation of MisconductPattern Conduct
Prejudicial to Good Order and Discipline, an RE code of 2B,
and was credited with 1 year, 2 months, and 11 days of active
service.
On 29 May 12, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit E).
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for the
SAEMR, indicating there is no evidence of an error or an
injustice. The applicant contends he qualified with the M-16
rifle and .38 caliber handgun and the SAEMR is missing from his
records. The SAEMR is awarded to all US Air Force members who
qualify as expert in small arms marksmanship with either the
M-16 or issue handgun. A thorough review of the applicants
official military personnel records and the documentation he
submitted with his application reveals no information which
verifies the applicant qualifies for the SAEMR. There is
insufficient documentation to support the applicants request.
A complete copy of the AFPC/DPSID 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 21 Jan 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 with respect to
the applicants request for the small arms expert marksman
ribbon (SAEMR). We took notice of the applicant's complete
submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has not been the victim
of an error of injustice regarding award of the SAEMR.
Concerning the applicants request to upgrade his General
discharge to Honorable, based on the available evidence of
record it appears the discharge was consistent with the
substantive requirements of the discharge regulation and within
the commander's discretionary authority. The applicant has
provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions
of the governing regulation, unduly harsh, or disproportionate
to the offenses committed. In the interest of justice, we
considered upgrading the discharge on the basis of clemency;
however, in the absence of any evidence related to his
activities since leaving the service, we find no basis for us to
recommend upgrading the characterization of his discharge on
that basis. Further, concerning the applicants request for
updating his DD Form 214 with the results of his squadrons IG
inspection, IG inspection results are not authorized to be
placed on the DD Form 214. Therefore, in the absence of
evidence to the contrary, we conclude that no basis exists to
grant the relief sought in this application.
________________________________________________________________
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 AFBCMR Docket
Number BC-2012-05056 in Executive Session on 30 Jul 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 3 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13.
Exhibit E. Letter, AFBCMR, dated 29 May 13.
Panel Chair
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