RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02630

XXXXXXXX	COUNSEL: XXXXXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be awarded the Small Arms Expert Marksmanship Ribbon with Bronze Service Star (SAEMR w/BSS).

APPLICANT’S CONTENTIONS

He met the criteria for the qualifications on the M16 rifle and handgun (9mm) from 1994-1997 and shot expert marksman during that time frame.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7).  

According to the applicant’s AF Form 910, Enlisted Performance Report (AB thru TSgt), for his reporting period of 1994-1995, he created the Civil Engineer’s First Annual Prime BEEF Training Program for over 150 military personnel, which included deployment, specialty training, M-16 and M-9 qualification and coordinated classes. 

According to the applicant’s DD Form 214, Certificate of Release or Discharge From Active Duty, effective 31 Mar 10, block 18, line 6 reflects, “Small Arms Expert Marksmanship Ribbon (Rifle).”

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the official military personnel record, the Small Arms Expert Marksmanship Ribbon with one Bronze Service Star was unable to be verified or awarded based on the official record and the documentation provided by the applicant.  In addition, correspondence was sent to the applicant on 21 Apr 20 (Exhibit C), requesting additional documentation to possibly administratively correct the applicant’s official record and a response has not been received from the applicant.  Absent additional documentation, verifying the applicant met the established eligibility criteria to grant relief would be contrary to that policy.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Oct 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2018-02630 in Executive Session on 3 Feb 21:

Chair, AFBCMR
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 06 Jul 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, AFPC Recognitions Team 21 Apr 20
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 11 Oct 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 13 Oct 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2018-02630, as required by AFI 36-2603, paragraph 4.11.9.