RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02742

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded all awards he is entitled, including but not limited to the Good Conduct Medal (GCM).

APPLICANT CONTENDS THAT:

There was an omission in his record.

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

STATEMENT OF FACTS:

According to the DD Form 214, Certificate of Release or Discharge from Active Duty, on 9 Jun 80, the applicant entered the Regular Air Force.

On 8 Oct 82, the applicant received an Article 15 for leaving his post before being relieved, in violation of Article 113 of the Uniform Code of Military Justice (UCMJ).  As a result, his punishment consisted of suspended reduction to the grade of airman, forfeiture of $100 pay per month for two months and 15 days extra duty.

In a letter dated 22 Oct 82, the applicant’s commander notified him that he was denied the Air Force Good Conduct Medal (AFGCM) for the period 9 Jun 80 to 12 Oct 82 and his adjusted start date was 13 Oct 82.

On 8 Jun 84, the applicant received an honorable discharge, and was credited with 4 years of total active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial of the applicant’s request for award of the AFGCM indicating there is no evidence of an error or an injustice.  The applicant's dates of service are past the award inclusive dates for award of the GCM.  The applicant does not meet the established award criteria for the AFGCM as he received punishment under Article 15 on 8 Oct 82; therefore, he does not have 3 continuous years of honorable active duty service.

The GCM is awarded to enlisted members who have honorably completed 3 continuous years of active military service subsequent to 26 Aug 40, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  This medal is only awarded to Airman prior to the establishment of the AFGCM on 1 Jun 63.  In accordance with Executive Order 8809, amended by Executive Order 9323, the GCM may also be awarded to service members who complete more than 1 year but less than three years of active federal military service if the AFGCM has not been previously awarded.  The GCM is awarded for a one-year period of service during a time of war only when a formal declaration of war has been made and approved by the United States Congress.

The AFGCM was authorized by the Secretary of the Air Force on 1 Jun 63.  The medal is awarded to enlisted personnel during a three-year period of active military service or for a one-year period of service during a time of war.  Airmen awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period.  In accordance with Executive Order 8809, amended by Executive Order 9323 the AFGCM may also be awarded to service members who complete more than one year but less than three years if the AFGCM has not been previously awarded.  The AFGCM is awarded for a one-year period of service during a time of war only when a formal declaration of war has been made and approved by the United States Congress.

Based on a review of the applicant's official military personnel record, DP3SP were able to determine that the applicant was entitled to the Air Force Outstanding Unit Award (AFOUA), which will be administratively corrected upon final board action.

A complete copy of the AFPC/DP3SP evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 Dec 15 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, other than the administrative corrections noted above, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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-2015-02742 in Executive Session on 14 Jul 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				    , Member
				    , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02742 was considered:

	Exhibit A.  DD Form 149, dated 23 Jun 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 9 Dec 15, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 30 Dec 15.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.