RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03997
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Meritorious Service Medal with one Bronze Oak Leaf Cluster (MSM w/1BOLC).

APPLICANT CONTENDS THAT:

He was awarded a second MSM when he retired, but his DD Form 214 does not reflect he was awarded the MSM w/1BOLC.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Feb 74. 

On 21 Mar 97, according to documents submitted by the applicant, he was awarded the MSM w/1BOLC.   

On 30 Apr 97, the applicant was furnished an honorable discharge, retired effective 1 May 97, and was credited with 23 years, 2 months, and 20 days of active service.

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

AIR FORCE EVALUATION:

AFPC/DP3SP recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The MSM is governed by Executive Order 11448, 16 Jan 69, which authorizes the Secretary of a Military Department to award the MSM to any member of the United States Armed Forces, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by outstanding meritorious achievement or service.  The MSM may be awarded for outstanding achievement or service while serving in a designated combat zone.  

After a thorough review of the applicant's official military personnel record, they were unable to verify award of the MSM w/1BOLC.  The applicant provided a signed MSM w/1BOLC certificate and the citation with an official United States Air Force seal that appears to be authentic.  However, they were unable to locate a Special Order authorizing the decoration.  The Special Order is the official source document to verify award of a decoration.  They are recommending approval of the requested relief, and should the board approve, a Special Order will be accomplished so the applicant's record can be 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 29 Apr 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  However, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  The Board notes the OPR will accomplish a special order.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 30 April 1997 is corrected to reflect he was awarded the Meritorious Service Medal with one Bronze Oak Leaf Cluster (MSM w/1BOLC).  

The following members of the Board considered AFBCMR Docket Number BC-2015-03997 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03997 was considered:

	Exhibit A.  DD Form 149, dated 12 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 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.