RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04735

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUESTS

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

a. Southwest Asia Service Medal (SWASM) (Will be administratively corrected), 

b. Small Arms Expert Marksmanship Ribbon (SAEMR).

APPLICANT’S CONTENTIONS

He was awarded the SWASM and SAEMR, but they are not included on his DD Form 214.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former airman (E-2) who served in the Regular Air Force from 1 Jun 88 through 31 May 92, and was credited with 3 years, 11 months and 1 day of active service.

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

APPLICABLE AUTHORITY

AFMAN 36-2806, Awards, and Memorialization Program.  The SAEMR is awarded to Air Force personnel, including Reserve components members, whether or not they are on active duty, who, after 1 Jan 63, 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 Air Force Instructions, a Sister Service’s qualification course, or who satisfactorily complete the Combat Rifle Program. 

AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, or a letter from the Small Arms Marksmanship monitor will be used as the source documentation for this award.  Members who qualify as “Expert” will provide a copy of the AF Form 522 or letter to the Military Personnel Section for update in the member’s Military Personnel Data System records. 

AIR FORCE EVALUATION

The Air Force Personnel Center (AFPC) Recognition Team informed the applicant they were able to verify award of the SWASM.  Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect award of the SWASM.  The Recognition team was unable to verify award of the SAEMR, and notified the applicant to provide additional supporting documents; however, none was provided.

A complete copy of the AFPC Recognition Team letter is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the AFPC letter to the applicant on 16 Mar 20 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 took notice of the applicant’s complete submission and Air Force guidance, in judging the merits of the case and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the applicant’s record does not contain the required documentation to verify he qualified for award of the SAEMR.  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, other than the administrative correction the office of primary responsibility will make to his record, the Board finds the application untimely and recommends against correcting the applicant’s records, beyond that rendered administratively.

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-2019-04735 in Executive Session on 8 May 20:

, 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/atch, dated 20 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFPC Recognition Team to applicant, undated. 
Exhibit D:	Notification of referral to Board, SAF/MRBC to applicant, dated 16 Mar 20.

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.