RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00130

XXXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

That the Small Arms Expert Marksmanship Ribbon (SAEMR) be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

APPLICANT CONTENDS THAT:

He received the SAEMR as part of his training, but it is not listed on his DD Form 214.  There is a new law in the state where he resides that will allow him to obtain a permit to carry a firearm without having to take a training course, if the SAEMR is reflected on his DD Form 214.  The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 10 February 1967.

On 6 February 1971, the applicant was furnished an honorable discharge and was credited with 3 years, 11 months and 27 days total active service.

The SAEMR is awarded to Air Force personnel, including Reserve components members, whether or not they are on active duty, who, after 1 January 1963, qualify as “Expert” with either the  M-16 rifle (to include the M-4 and GAU-5) or issue handgun on the Air Force qualification course, the appropriate orientation course prescribed in other AFIs, a Sister Service’s qualification course, or who satisfactorily complete the Combat Rifle Program.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00130 in Executive Session on 18 October 2018:

, Vice Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 1 January 2018.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.