RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03202

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Alaskan Theater Medal

The American Theater Medal [American Campaign Medal] 

The Armed Forces Reserve Medal and the Air Reserve Forces [Meritorious Service] Medal (both were administratively corrected).  

APPLICANT CONTENDS THAT:

He discovered other Air Force officers of the same age and service listed these medals in their obituary and believes he is eligible.  

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

STATEMENT OF FACTS:

The applicant enlisted in the Marine Corps Reserve in 1948, remained in the Marine Corps Reserve until Aug 49, and then entered the Air Force Reserve Officer Training Corps at the University of Alabama.

The applicant was subsequently commissioned with the Air Force Reserve on 22 Aug 52 and called up from inactive duty to the Regular Air Force on 22 Oct 52.

On 9 Jul 54, according to the documents provided by the applicant, he was released from active duty and was credited with 1 year, 8 months, and 18 days of active service.  

On 1 Jul 70, according to documents provided by the applicant, he was transferred to the Retired Reserve.

On 15 Jul 16, ARPC/DPTS corrected the applicant’s record to reflect the award of the Air Reserve Forces Meritorious Service Medal with 2 Bronze Oak Leaf Clusters and the Armed Forces Reserve Medal with Bronze Hourglass Device.  

The American Campaign Medal was established by Executive Order 9265, and announced in War Department Bulletin 56, 1942, and amended by Executive Order 9706, 15 Mar 46. It is awarded for service within the American Theater between 7 Dec 41 and 2 Mar 46 under any of the following conditions: 

1)	On permanent assignment outside the continental limits of the United States.  

2)	Permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days or 60 nonconsecutive days. 

3)	Outside the continental limits of the United States in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days. 

4)	In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher, unit, or independent force that the member actually participated in combat.

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.  The applicant's dates of service are after the award inclusive period for American Campaign Medal and the Alaskan Theater Medal is not an official award or decoration of the United States Air Force and Department of Defense and is not awarded or issued by the United States Government.  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/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 Nov 16 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 beyond the relief provided administratively.  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.  Other than the administrative corrections noted above, 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-2015-03202 in Executive Session on 15 Dec 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03202 was considered:

	Exhibit A.  DD Form 149, dated 25 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 12 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 15 Nov 16.

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.