RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00987
				INDEX CODE:   131.00

				COUNSEL:  None

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Air Force Outstanding Unit Award with Valor and two Oak Leaf Clusters (AFOUA w/2OLCs), the Republic of Vietnam Gallantry Cross with Palm (RVGC w/P), the Air Force Longevity Service Award (AFLSA), the Vietnam Service Medal with four Bronze Service Stars (VSM w/4BSS) and the Small Arms Expert Marksmanship Ribbon (SAEMR).

EXAMINER’S NOTE:

On 12 April 2004, DPPPRA informed the applicant he is entitled to the AFOUA with “V” device and two OLCs, RVGC w/P, AFLSA, and the VSM w/4BSS.  Therefore, the only issue to be considered by the Board is the applicant's request regarding the SAEMR.

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APPLICANT CONTENDS THAT:

He is entitled to these awards for his service in Vietnam.  On 28 March 1969, he successfully completed his weapons qualification.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 27 September 1968, as an airman basic (AB) for a period of four years.

On 12 April 2004, DPPPRA informed the applicant his records did not reflect he earned the SAEMR, nor did he provide any documentation to substantiate his claim for the SAEMR.  DPPPRA requested the applicant provide a copy of the order awarding him the SAEMR or the original Air Form (AF) 522, showing he fired as expert with the M-16 or handgun on an Air Force firing range.

On 25 April 2004, the applicant submitted a copy of his AF Form 623, Consolidated Training Record, which reflects on 28 March 1969, he scored 92 on his weapons qualification.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPRA states the SAEMR is awarded to Air Force Personnel who after 1 January 1963 qualified as “Expert” with an M-16 or handgun on the AF qualification course or on the appropriate orientation course.  The servicemember must submit the AF Form 522 or a copy of the order awarding the SAEMR to verify their entitlement to the award.  On 12 April 2004, they informed the applicant he needed to provide a copy of the order or the AF Form 522 to verify his entitlement to the SAEMR.  The applicant provided a copy of his consolidated training record.  The documentation the applicant provided was not sufficient evidence to substantiate his request for the SAEMR, therefore, they are unable to verify his entitlement for the award.  DPPPRA recommends denying the applicant's request.

A copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 May 2004, 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 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 the 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 an injustice.  The applicant was requested to provide a copy of his AF Form 522 verifying he qualified as Expert on the firing range or the order awarding him the SAEMR.  The documentation he provided is not persuasive evidence to substantiate his request for SAEMR.  Without any official documentation to support the applicant’s request, his entitlement to the SAEMR cannot be verified.  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 BC-2003-01834 in Executive Session on 29 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Mar 04, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPRA, dated 21 May 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.