RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01242
		INDEX CODE:  107.00
	 	COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 OCT 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Air Force Small Arms Expert Marksmanship Ribbon (SAEMR), and the Air Force Longevity Service Award (AFLSA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the SAEMR and it was never entered into his records.  He believes he qualifies for the AFLSA based on his active duty and Reserve service.

In support of his request, the applicant submits a personal statement, photographs of himself, excerpts from his military personnel records, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, Air Force Instructions 36-2803, pages 30-31, Reserve Order CA-064236, and two copies of DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 June 1966, for a term of four years and was progressively promoted to the grade of staff sergeant.  He separated on 5 April 1970, for Convenience of the Government, and received an honorable discharge.

His records were administratively corrected on 2 August 2006 and 7 February 2007, to reflect award of the Air Force Commendation Medal, Air Force Outstanding Unit Award with one Oak Leaf Cluster, Air Force Good Conduct Medal, Vietnam Service Medal with Four Bronze Service Stars, and the Republic of Vietnam Gallantry with Palm.

_________________________________________________________________

AIR FORCE EVALUATION:

DPPPR recommends denial.  DPPPR states, the scores given by the Range Instructor and annotated on the applicant’s AF Form 522, Qualification Score Cards, does not qualify him as expert.  He received 46 out of 60 and 47 out of 60; both scores are marked in the qualified section and not expert.  The AFLSA is awarded to all service members of the US Air Force who complete four years of honorable active or Reserve military service with any Branch of the US Armed Forces.  The applicant completed 3 years and 10 months of active duty service, which makes him ineligible for award of the AFLSA.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states in part, the AFLSA is based on a combination of honorable active or Reserve service.  He does not understand how his service records contain documentation associated with his marksmanship training/qualification, since the reviews he requested since December 2004, has failed to produce records related to this issue.  Based on the opinion of the office primary responsibility, the AF Form 522, appear to be tampered with and claim the scores annotated on these cards are factual.  If the score cards appear to be tampered with, then how can it be determined they contain his original scores.  The only piece of factual evidence that has not been tampered with during the past 40 years, are the scanned photos he submitted with this application.

The applicant’s complete response, is at Exhibit E.

_________________________________________________________________

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 Board notes the AFLSA is awarded to US Armed Forces personnel who complete an aggregate of four years honorable active Federal military service.  The applicant completed 3 years and 10 months of active duty service.  He was then transferred to the Reserves and assigned to the Ineligible Reserve Section in an inactive status, to fulfill his six-year military service obligation required by law.  Based on the governing regulation in effect at that time, the inactive Reserve period is not creditable for award of the AFLSA.  Therefore the applicant does not meet the basic criteria and is not eligible for award of this medal.  In regard to his request for award of the SAEMR, the evidence of record does not show he qualified as expert in small-arms marksmanship and the applicant has not provided compelling evidence to persuade the Board he should be granted the requested relief.  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 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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2007-01242 in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 12 Apr 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Memo, AFPC/DPPPR, dated 1 May 07.
	Exhibit D.	Letter, SAF/MRBR, dated 11 May 07.
	Exhibit E.	Letter, Applicant, dated 28 May 07.

	XXXXXXXXXX
	Panel Chair