RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-04065

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the following medals:

a. Afghanistan Campaign Medal

b. Aerial Achievement Medal, with one Bronze Oak Leaf Cluster (Will be administratively corrected)

APPLICANT CONTENDS THAT:

He was deployed to Afghanistan for more than 30 consecutive days after 24 October 2001, and was discharged prior to the initial distribution date.  The Aerial Achievement Medal was awarded after he was discharged.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 22 April 1998.

On 2 November 2002, the applicant was furnished an honorable discharge, and was credited with 4 years, 6 months, and 10 days of active service.

In a letter dated 15 March 2015, AFPC/DPAPP advised the applicant they were able to verify and confirm his boots on ground Foreign Service time in Afghanistan and Kuwait; however, they were unable to determine the exact amount of time of these deployments.  The Air Medal [sic] that was provided as part of the applicant’s submission only reflects a limited amount of time he served at each of the locations, not the entire time that he served.  It appears the amount of Foreign Service time indicated on the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, is correct, therefore a correction is not needed. Since specific locations are not annotated on a member's DD Form 214, the applicant was advised to use their letter as proof of “boots on ground” for Afghanistan and Kuwait.

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 of the applicant’s request for award of the Afghanistan Campaign Medal.  The Afghanistan Campaign Medal recognizes service members who serve or have served in the country of Afghanistan in support Operation ENDURING FREEDOM.  The area of eligibility encompasses all land and air space of the country of Afghanistan.  The period of eligibility for the Afghanistan Campaign Medal is on or after 11 September 2001, to a future date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or while participating in an operation or on official duties, is wounded or injured and requires medical evacuation from the area of eligibility.  Aircrew members accrue one day of eligibility for each day they fly into, out of, within, or over the area of eligibility in direct support of the military operation.  The Defense Finance and Accounting Service verified the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exemption for his service in Turkey from 11 December 2001 to 6 March 2002 and Pakistan from 30 May 2002 to 2 August 2002.  Conversely, the AFPC/DPAPP memorandum dated 15 March 2015, states based on the Air Medal [sic] included with the applicant's package their office was able to verify the applicant served in Afghanistan and Kuwait but were unable to verify exact dates of service in either country.  The applicant included the Aerial Achievement Medal First Oak Leaf Cluster certificate/citation with his package which does not mention Kuwait.  While the applicant's Aerial Achievement Medal with one Bronze Oak Leaf Cluster citation states “while being exposed to enemy fire over Afghanistan,” AFPC/DP3SP was unable to verify the applicant was engaged in combat during an armed engagement over the air space of Afghanistan, for award of the Afghanistan Campaign Medal.  Without verification of engagement, as a member of aircrew the applicant would need to meet the air crew portion of the criteria of 30 consecutive days or 60 non-consecutive days in the area of eligibility.

AFPC/DP3SP was able to verify the applicant’s eligibility for the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Air Force Expeditionary Service Ribbon with Gold Border, and the Aerial Achievement Medal with one Bronze Oak Leaf Cluster.  Upon final Board decision, administrative correction for the applicant’s official military personnel records will be completed by AFPC/DP2STM.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 May 2016, 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 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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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, beyond the relief already granted administratively, 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-2015-04065 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04065 was considered:

Exhibit A.  DD Form 149, dated 21 September 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 2 May 2016, 
  w/atch.
Exhibit D.  Letter, AFBCMR, dated 9 May 2016.

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.