RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04225 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Air Force Achievement Medal Fourth Bronze Oak Leaf Cluster (AFAM (4BOLC)) be upgraded to the Airman’s Medal (AmnM). APPLICANT CONTENDS THAT: His AmnM nomination package was unjustly downgraded to an AFAM (4BOLC) by the Group Commander. The Group Commander does not have final approval authority for the AmnM. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 4 Apr 88. On 26 Jun 98, the applicant was a first responder to an automobile accident, providing first aid to include performing cardiopulmonary resuscitation (CPR) on the gravely injured driver of the vehicle. On 15 Dec 98, the applicant was awarded the AFAM (4BOLC) for his actions performed on 26 Jun 98, to save the life of another human being. On 31 Dec 07, the applicant was furnished an honorable discharge, retired effective 1 Jan 08, and was credited with 20 years, 4 months, and 23 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID after a thorough review of the applicant’s military personnel record was unable to verify award of the AmnM. They recommended the Air Force Decorations Board advise on whether the applicant’s package would have been approved had it been submitted into official channels. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice justifying award of the AmnM. The AmnM is awarded to members of the Armed Forces of the United States or foreign military personnel who, while serving in any capacity with the Air Force, distinguish themselves by heroism involving risk of life under conditions other than those involving actual conflict with an enemy. The applicant’s contention that the Group Commander did not have the authority to disapprove an AmnM is correct. The disapproval authority for the AmnM resides with the Air Force Decorations Board. However, after reviewing the applicant's AmnM nomination package SAF/MRBP opines that it would have been disapproved by the Air Force Decorations Board, and returned to the unit where the likely outcome would have been an AFAM. The applicant did attempt to save a victim’s life by providing CPR and first aid following a vehicle accident, but it is an unconvincing claim that his exposure to the victim’s blood/bodily fluids equates to a “voluntary risk of life,” which is the criteria necessary to justify award of the AmnM. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 25 Feb 15, for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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-2014-04225 in Executive Session on 16 Jun 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04225 was considered: Exhibit A.  DD Form 149, dated 8 Oct 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, SAF/MRBP, received 9 Feb 15. Exhibit D.  Memorandum, AFPC/DPSID, dated 12 Dec 14 Exhibit E.  Letter, SAF/MRBR, dated 25 Feb 15.