RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01591

XXXXX XXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 22 Mar 90, be amended to reflect award of the:

a. Small Arms Expert Marksmanship Ribbon with one Bronze Service Star  

b. Air Force Commendation Medal with one Oak Leaf Cluster (Pending administrative correction)  

APPLICANT’S CONTENTIONS

The Small Arms Expert Marksmanship Ribbon was not updated with the device after requalification in Oct 88.  In addition, he received the Air Force Commendation Medal after separating.  He recently requested a new DD Form 214 and noticed it had not been updated since his discharge.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force staff sergeant (E-5). 

On 27 Oct 88, according to AF Form 522, Ground Weapons Training Data, provided by the applicant, he qualified as “expert” with the M-16 rifle twice; however, there is no annotation indicating he was awarded “expert” qualification for the handgun.

On 22 Mar 90, the applicant was released from active duty and issued a DD Form 214.  He was credited with 7 years, 11 months, and 10 days of active service.  Item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, reflects the Air Force Commendation Medal, Small Arms Expert Marksmanship Ribbon, and various other awards.

On 11 Nov 20, the Air Force Personnel Center (AFPC) Recognition Team notified the applicant they were able to verify award of the Air Force Commendation Medal with one Bronze Oak Leaf Cluster.  However, they were unable to verify award of the Small Arms Expert Marksmanship Ribbon with one Bronze Service Star and requested the applicant send official documentation indicating he qualified as “expert” with a handgun for verification.

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Small Arms Expert Marksmanship Ribbon with one Bronze Service Star. In accordance with AFMAN 36-2806, Awards and Memorialization Program, the Small Arms Expert Marksmanship Ribbon was established by Secretary of the Air Force on 28 Aug 62 and effective on 1 Jan 63. The ribbon is awarded to Regular Air Force, Air National Guard and Air Force Reserve members, who after 1 Jan 63 qualify as “expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on: (1) The Air Force qualification course; (2) An appropriate orientation course prescribed in other Air Force instructions; (3) Other Military Services’ qualification course; or (4) Satisfactorily complete the Combat Rifle Program.  Members who, after 22 Jun 72, qualify as “expert” with both the M-16 rifle (or the M-4 or GAU-5) and an issued handgun wear a Bronze Service Star on the ribbon.   The applicant was awarded the Small Arms Expert Marksmanship Ribbon for qualifying as “expert” with a rifle; however, they were unable to verify the applicant qualified as “expert” with an issued handgun for award of the Bronze Service Star.

Notwithstanding, they were able to verify the applicant qualified for the Air Force Commendation Medal with one Bronze Oak Leaf Cluster.  Accordingly, his record will be administratively corrected.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Nov 21 for comment (Exhibit D), 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, with the exception of the administrative correction that will be made to the applicant’s records, the Board finds the application untimely and recommends against correcting the applicant’s records.

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-2019-01591 in Executive Session on 30 Jun 22:

, Panel Chair
, 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 8 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 6 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 Nov 21.

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