RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03567

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Air Force Combat [Action Medal] Ribbon.

APPLICANT CONTENDS THAT:

He was unaware there was a medal for combat and would like his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect the award. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 17 Jul 68. 

According to the applicant’s AF Form 909s, Airman Performance Report, he was assigned to Bien Hoa Air Base, Vietnam, as a security police sentry dog handler from 16 Nov 68 to 20 Nov 69.

On 10 Sep 76, the applicant was furnished a general under honorable conditions discharge, and was credited with 7 years, 5 month, and 29 days of active service.  

On 15 Mar 07, the Secretary of the Air Force approved the Air Force Combat Action Medal (AFCAM) to recognize Air Force members who actively participated in ground or air combat.  Nomination for the award of the AFCAM will be restricted to members of the United States Armed Forces who on or after 11 Sep 01, deliberately go into the enemy's domain (outside the wire) to conduct official duties, either on the ground or in the air, and have come under enemy fire by lethal weapons while performing those duties, and are at risk of grave danger; or; while defending the base (inside/on the wire), must have come under fire and engage the enemy with direct and lethal fire, and are at the risk of grave danger; or; are personnel in ground operations who actively engage the enemy with direct and lethal fires also may qualify even if no direct fire is taken, as long as there was risk of grave danger and meets other criteria. Retroactive awards prior to 11 Sep 01 are not authorized.

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 and believes the applicant is requesting award of the AFCAM.  The applicant's active duty service dates from 17 Jul 68 to 10 Sep 76 are prior to the award authorization date of 11 Sep 01 for award of the AFCAM and the award is not retroactive; rendering the applicant ineligible.  However, AFPC/DP3SP will administratively correct the applicant's record to reflect the following awards upon final board decision: 
Presidential Unit Citation 
Air Force Outstanding Unit Award with Valor 
Vietnam Service Medal with four Bronze Service Stars 

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 6 May 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.  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-2015-03567 in Executive Session on 25 Jan 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03567 was considered:

	Exhibit A.  DD Form 149, dated 27 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 Apr 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 May 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.