RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01576
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Air Force Small Arms Expert Marksmanship Ribbon (SAEMR) and the Navy Small Arms Ribbon with device and that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected in Item 11 “Primary Specialty” to read 3P051 rather than 3P031.

Examiner’s Note:  The applicant also requested award of the Joint Service Achievement Medal (JSAM).  AFPC/DPPPR advised that the applicant’s DD Form 214 is in error.  They found that he is entitled to the JSAM.  His DD Form 214 reflects award of the AFGCM with one oak leaf cluster, which is incorrect; it should reflect only award of the basic AFGCM.  The changes were made administratively.  A DD Form 215 (Correction to DD Form 214) was issued.  Therefore, the only issues before the Board pertain to his request for the SAEMR and Navy Small Arms Ribbon and his Primary Air Force Specialty Code (PAFSC).

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APPLICANT CONTENDS THAT:

His DD Form 214 is in error and since he is joining the Air Force Reserves, he would like to have his records correct.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 January 1993.

On 12 January 1997, the applicant was honorably released from active duty under the provisions of AFI 36-3208 (Completion of Required Active Service).  He served a total of 4 years active military service.

The applicant’s DD Form 214 indicated that he was awarded the following decorations and awards:  Air Force Achievement Medal; Air Force Outstanding Unit Award with one device; Air Force Good Conduct Medal with one device; National Defense Service Medal; Air Force Overseas Short Tour Ribbon; Air Force Overseas Long Tour Ribbon; Air Force Longevity Service Award Ribbon; and the Air Force Training Ribbon.

On 15 August 2003, AFPC/DPPPRA advised the applicant that they verified his entitlement to the JSAM; however, he did not provide any documentation to substantiate his claim for the SAEMR.  Without a copy of his AF Form 522, showing that he qualified as Expert on an Air Force firing range, they are unable to verify his eligibility for award of the SAEMR.  If he did not have a copy of AF Form 522 to substantiate his claim, they asked that he withdraw that portion of his application.  Additionally, he was advised that his DD Form 214 reflected award of the AFGCM with one oak leaf cluster, which is incorrect; it should reflect only award of the basic AFGCM.  AFPC/DPPPRA advised his DD Form 214 would be corrected.  They further indicated that since he was not in the Navy, he was not eligible for award of any Navy awards.  Therefore, they asked him to withdraw that portion of his application.

On 4 November 2003, AFPC/DPPRSP advised the applicant that a DD Form 215 had been completed to correct his DD Form 214 thereby deleting the AFGCM w/1OLC and adding the JSAM and the AFGCM.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant has not provided any documentation showing he earned the SAEMR.  Units do not maintain these records.  It is the responsibility of the individuals who qualify as Expert to turn over their AF Forms 522 to the NCOIC of the firing range.  The NCOIC, in turn, seals all of the forms into one package and turns the package over to the Military Personnel Flight (MPF).  The MPF is then responsible for updating each individual’s records to reflect award of the SAEMR.  Without an AF Form 522, they are unable to verify the applicant’s eligibility for award of the SAEMR.  Since he was in the Air Force, he is not eligible for, or entitled to, any Navy marksmanship ribbons.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 November 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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AIR FORCE EVALUATION:

AFPC/DPPAC recommended denial.  They indicated the applicant did not substantiate he was awarded a Primary AFSC of 3P051.  They requested additional information from the applicant on 16 June 2003, and as of this date have not received a response.  Without additional documentation from the applicant they cannot substantiate his claim.  AFI 36-3202, Separation Documents, states that item 11 of the DD Form 214 will reflect the Primary AFSC number and title in which the member performed for one year or more.  The applicant’s personnel records and case file reflect his PAFSC as 3P031, Security Apprentice.

The evaluation, with attachment, is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 December 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  According to the applicant’s military personnel records there is no indication that he was eligible for the SAEMR.  On 15 August 2003, AFPC/DPPPRA advised the applicant that he did not provide documentation to substantiate his claim that he is entitled to the SAEMR.  In order to verify his eligibility for this award, he needed to provide a copy of AF Form 522, showing that he qualified as Expert on an Air Force firing range.  He was further advised since he was not in the Navy, he was not eligible for award of any Navy awards and he was asked to withdraw that portion of his application.  However, he did not do so.  In view of the foregoing, we find no basis to grant the requested relief.

4.	In reference to the applicant’s request to change his PAFSC to read 3P051 rather than 3P031, we find no evidence to support the applicant’s claim.  There is no documentation in the applicant’s records to substantiate that he was awarded a PAFSC of 3P051.  AFPC/DPPAC requested additional information from the applicant on 16 June 2003, advising him that he needed to provide a copy of AF Form 2096, Classification/On-The-Job Training Action, awarding him the 5 skill level, special orders or any official documentation to support his contentions;  however, he never responded.  Without additional documentation from the applicant his claim cannot be substantiated.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 BC-2003-01576 in Executive Session on 29 January 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 April 2003, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 3 November 2003,
               w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 15 November 2003.
   Exhibit E.  Letter, AFPC/DPPAC, dated 5 August 2003, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 15 December 2003.

					   Panel Chair