RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02965

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Armed Forces Expeditionary Medal (AFEM) with one Bronze Service Star (AFEM, w/1BSS).  

APPLICANT CONTENDS THAT:

He should be eligible for the AFEM, 1BSS as he deployed in direct support to the Area of Eligibility (AOE) during the Lebanon Crisis and the Cuban Missile Crisis as a crew member in the B-47E bomber.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Jun 56.

On 1 Jul 82, the applicant retired and was credited with 26 years and 21 days of 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 indicating there is no evidence of an error or an injustice.  After a thorough review of the applicant’s record, DP3SP was unable to verify the applicant was in the AOE for either the Lebanon Crisis or Cuban Missile Crisis during the award inclusive periods rendering the applicant ineligible for award of the AFEM, w/1BSS.

The AFEM is awarded to members of the United States Armed Forces who, after 1 Jul 58, participated in United States Military operations in direct support of the United Nations or in assistance to a friendly foreign nation.  The AFEM may be awarded to members who, after 1 Jul 58, participated in operations where hostile action was imminent, as determined by the Joint Chiefs of Staff.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in the designated area of eligibility or 60 non-consecutive days.  

The AFEM is authorized for those who deployed to the AOE in support of operations in Lebanon, for award inclusive period from 1 Jul 58 to 1 Nov 58.

The AFEM is authorized for those who deployed to the AOE in support of operations in Cuba.  The AOE for operations in Cuba is the water area from 12 degrees to 28 degrees North latitude and from 66 degrees to 84 degrees West longitude, for the inclusive period from 24 Oct 62 to 1 Jun 63.

On 13 Feb 15, AFPC/DPSIDR denied the applicant’s initial request for the award of the AFEM, w/1BSS as he did not deploy to the AOE in direct support of either the Lebanon Crisis or the Cuban Missile Crisis.

On 6 May 15, AFPC/DPSIDR denied the applicant’s first request for reconsideration of the award and on 1 Jul 15, AFPC/DPSIDR replied to the applicant’s second request for reconsideration by recommending the applicant appeal to the Air Force Board for Correction of Military Records.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that he should be eligible for the AFEM.  

In support of his response, the applicant provides a timeline of actions taken, copies of additional orders as well as previously submitted orders, and other previously submitted documents.

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

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, 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-2015-02965 in Executive Session on 18 Oct 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Apr 16.
	Exhibit E.  Letter, Applicant, dated 7 May 16, w/atchs.