RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03274
		INDEX CODE: 107.00

	APPLICANT	COUNSEL:  NY State Div of Vet
				   Affairs

	SSN	HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect he received the M16 Marksman Ribbon while in basic training.

Block 15b on the DD Form 214 be corrected to show that he is a high school graduate.

EXAMINER'S NOTE:  AFPC/DPPRSP administratively corrected Block 15b of the DD Form 214.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the regular Air Force on 19 Jan 95 for a period of 4 years.  He was honorably discharged on 8 Nov 97 for unsatisfactory performance.  He served 2 years, 9 months and 20 days of active duty service.

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AIR FORCE EVALUATION:

AFPC/DPPPR informed the applicant that no ribbon was awarded for qualifying as a Marksman, there was a ribbon awarded for qualifying as an Expert, and the ribbon is the Small Arms Expert Marksmanship Ribbon.  DPPPR requested that the applicant provide Air Force Form 522, which would show his qualification on the 
firing range, or an order awarding him the Small Arms Expert Marksmanship Ribbon.  The applicant has not responded to the request.

DPPPR further states that without documentation showing he was qualified as an Expert on the firing range, they can not verify his eligibility for the ribbon.  They recommend denying the requested relief.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 15 Mar 02, for review and response.  As of this date, no response has been received by this office. 

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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 an error or injustice.  The applicant's contentions are duly noted; however, we do not find his contentions in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The applicant was requested to provide verification showing his qualification on the firing range or an order awarding him the ribbon.  He did not respond.  Unless the applicant provides the necessary documentation to prove he qualified on the firing range, a determination cannot be made in regard to his eligibility for the ribbon.  We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either 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.

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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.

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The following members of the Board considered AFBCMR Docket Number 01-03274 in Executive Session on May 7, 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Nov 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 21 Feb 02.
   Exhibit D.  Letter, AFPC/DPPRSP, dated 8 Mar 02.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Mar 02.