RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01936

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Small Arms Expert Marksmanship Ribbon.

APPLICANT CONTENDS THAT:

He was awarded the Small Arms Expert Marksmanship Ribbon while at Lackland Air Force Base in 1966; however, it is not annotated on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 26 April 1966.

On 11 February 1970, the applicant was released from active duty and transferred to the Air Force Reserve.  He was credited with 3 years, 9 months, and 16 days of active service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice.  

The Small Arms Expert Marksmanship Ribbon was authorized by the Secretary of the Air Force on 28 August 1962 and is awarded to all United States Air Force members, who, after 1 January 1963, qualify as “expert” in small-arms marksmanship with either the M-16 rifle or issued handgun.  Qualification as “expert” in both weapons after 22 June 1972 shall be denoted by a bronze service star worn on the service ribbon.

After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the Small Arms Expert Marksmanship Ribbon.  They were unable to locate official documentation such as a Special Order or Air Force Form 522 verifying the applicant qualified as expert with either the issued hand gun or M-16 rifle.

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 3 March 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-01936 in Executive Session on 10 May 2016, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01936 was considered:

   Exhibit A.  DD Form 149, dated 8 May 2015.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSID, dated 6 October 2015.
   Exhibit D.  Letter, AFBCMR, dated 3 March 2016.