RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01359 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Air Force Commendation Medal (AFCM), First Oak Leaf Cluster (1OLC), for actions while under attack from an enemy ground force in Phnom Pehn, Cambodia, in 1975, be upgraded to the Bronze Star Medal (BSM). APPLICANT CONTENDS THAT: The dangerous nature of the events deserves a higher award than the AFCM. He believes the officers involved in the same recovery operation were awarded the BSM and he should be equally recognized. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant commenced his service in the Regular Air Force on 30 Jun 70. On 22 Mar 75, the applicant was part of a recovery team that repaired a C-130 aircraft, under hostile fire from an enemy ground force, enabling the aircraft to safely fly to friendly territory. For these actions, he was awarded the AFCM (1OLC). The AFCM is awarded to members of the Armed Forces of the United States, below the grade of Colonel and foreign military personnel, who, while serving in any capacity with the Department of the Air Force after 28 Mar 58, distinguished themselves by outstanding achievement or meritorious service. On 29 Jul 76, the applicant was honorably discharged, and was credited with six years and one month of active service, which included 2 months, 6 months, and 19 days of foreign service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The BSM is awarded to any person who, after 6 Dec 41, while serving in any capacity with the Armed Forces of the United States, distinguishes himself or herself by heroic or meritorious achievement or service, not involving participating in aerial flight, under any of the following circumstances: while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The applicant has not provided sufficient documentation verifying an injustice exists. The original award approval authority determined the AFCM was the appropriate award to recognize the applicant's outstanding achievement on 22 Mar 75. The applicant has not provided a recommendation for upgrade to the BSM from someone with firsthand knowledge and preferably in his direct chain of command at the time the act/achievement occurred, a proposed citation, or eyewitness statements from those who saw the applicant's act/achievement in order for his request to be reasonably considered. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial of upgrading the requested AFCM to a BSM, indicating there is no evidence of an error or an injustice. The applicant did not provide a recommendation for upgrade from his chain of command, or someone with first-hand knowledge or an eye-witness that would allow the request to be reasonably considered. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the opinion of the OPR and argues his original submission, the citation of the award, is sufficient documentation to justify upgrading his AFCM to the BSM. To support the advisory recommendation of a request from someone with firsthand knowledge of the act, he provides the name of his officer in charge, as listed on the special order, dated 31 Oct 75, as evidence of someone with firsthand knowledge of the event; unfortunately, this person is now deceased. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 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-2014-01359 in Executive Session on 25 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01359 was considered: Exhibit A. DD Form 149, dated 27 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 27 May 14. Exhibit D. Memorandum, SAF/MRBP, dated 4 Sep 14. Exhibit E. Letter, SAF/MRBR, dated 27 Oct 14. Exhibit F. Letter, Applicant, dated 12 Nov 14.