RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-01964
		
XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The following medals be added to his DD Form 214, Certificate of Release or Discharge from Active Duty:

The Meritorious Service Medal with two Bronze Oak Leaf Clusters (MSM w/2BOLCs), for “Meritorious Service” for the period 7 April 1981 to 4 April 1982.

The MSM w/3BOLCs for “Outstanding Meritorious Service” for the period 10 April 1982 to 1 October 1982.

APPLICANT CONTENDS THAT:

His retirement date preempted the posting of the aforementioned MSMs.  Both certificates indicate “Second Oak Leaf Cluster” so it is more likely that one MSM arrived at the records section before the other.

In support of his requests, the applicant provides copies of two award citations reflecting the MSM w/2OLCs for the periods 7 April 1981 to 4 April 1982 and 10 April 1982 to 1 October 1982.  The Given Under My Hand, dates are 9 September 1982 and 29 October 1982 respectively.

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

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 22 July 1952 to 30 September 1982.  On 1 Oct 1982, he retired after serving 30 years, 2 months and 14 days [sic] of active duty.

The MSM may be awarded to any member of the Armed Forces of the United States who distinguish themselves by either outstanding achievement or meritorious service to the United States.  

Via Special Order G-146 dated 22 May 1978, the applicant was awarded the MSM for the period 1 October 1973 to 20 March 1978.

Via Special Order G-74 dated 24 February 1981, the applicant was awarded the MSM w/1BOLC for the period 21 March 1978 to 31 March 1981.

AFPC/DPSID recommends approval of the applicant’s request to add the MSM for the inclusive period of 10 April 1982 to 1 October 1982 and recommends denial of the other MSM for the period 7 April 1981 to 4 April 1982.  The applicant provides what appears to be authentic copies of signed certificates and citations for both MSMs.  However, no special orders were provided or located in the records.  Additionally, both of the MSMs reflect a second oak leaf cluster.

Should the Board recommend that both MSMs be added to his record; the MSM with the inclusive period of 10 April 1982 to 1 October 1982, should be administratively corrected to reflect the MSM w/3BOLCs and special orders will be accomplished to correct the applicant's record.

DPSID was able to verify the applicant's entitlement to the Korean Defense Service Medal, the Vietnam Service Medal with one Bronze Service Star and the Republic of Vietnam Gallantry Cross with palm.  Upon the final Board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR.

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 October 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  However, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We note the Air Force OPR states that both of the MSM citations appear to be authentic; yet recommends approval of one and not the other.  While we agree that it is not appropriate for both of the MSMs to reflect a second oak leaf cluster, we do not believe that relief should be denied on that basis.  Although there is no special orders awarding these MSMs, we find the evidence presented in this case sufficient to recommend that both of the MSMs be added to his record.  Therefore, in addition to the administrative corrections noted above we also recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 1 October 1982 retirement, be amended in Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service), to reflect he was awarded the Meritorious Service Medal with three Bronze Oak Leaf Clusters.

The following members of the Board considered AFBCMR Docket Number BC-2015-01964 in Executive Session on 21 January 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records as recommended. Due to the unavailability of --------, ---------- will sign as Acting Panel Chair. The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 6 May 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPSID, dated 6 October 2015, 
  w/atch.
Exhibit D.  Letter, AFBCMR, dated 30 October 2015.