RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03729

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

He be awarded the following decorations, plus any additional awards and decorations for which he qualifies:

1.  The Meritorious Unit Award.

2.  The Global War on Terrorism Service Medal (GWOT-S). (Administratively corrected)

3.  The Korean Defense Medal (KDSM). (Administratively corrected)

APPLICANT CONTENDS:

He qualified for the requested awards, but they are not listed on his DD Form 214, Certificate of Release or Discharge from Active Duty.  He served two remote tours at Kunsan Air Base, Korea. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 10 Aug 77.

On 31 Aug 03, the applicant retired after serving 26 years, and 21 days of active service.   

On 11 Apr 16, AFPC/DP1SP directed the applicant’s DD Form 214, dated 31 Aug 03, be updated to add the GWOT-S and the KDSM. 

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 Meritorious Unit Award is given to Air Force active duty, Reserve and Guard units for exceptionally meritorious conduct in the performance of outstanding achievement or service in direct support of combat operations for at least 90 continuous days during the period of military operations against an armed enemy of the United States on or after 11 Sep 01.

A thorough review of the applicant's official military personnel record did not verify award of the Meritorious Unit Award, nor did the applicant submit documentation to substantiate he qualified for the Meritorious Unit Award.  However, the applicant did qualify for award of the GWOT-S and the KDSM, and his record has been administratively corrected to reflect award of the     GWOT-S and the KDSM.  There was no evidence to indicate the applicant qualified for any additional awards beyond those administratively corrected or already listed on his DD Form 214.

Recommend disapproval of award of the Meritorious Unit Award or any additional decorations beyond those which were administratively corrected. 

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 23 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.  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 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 beyond that which has been administratively provided, 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:

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-2015-03729 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
Member

The following documentary was considered:

	Exhibit A.  DD Form 149, dated 15 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 23 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.