RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04129

   						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS:

He be awarded two Bronze Oak Leaf Clusters for his previously-awarded Air Medal (AM), and one Bronze Service Star for his previously-awarded Armed Force Expeditionary Medal (AFEM).

APPLICANT CONTENDS:

He qualifies for these decorations because he served as an airborne cryptologic linguist aboard an RC-135 during 60 combat reconnaissance missions in Libya and Lebanon, and for additional reasons which are classified. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Sep 83.

On 15 Jul 86, the applicant’s commander did not select him for reenlistment due to his continued failure to comply with acceptable military standards. 
 
Under Special Order G-8, dated 6 Nov 86, the applicant was awarded the AM for meritorious achievement while participating in aerial flights.  

On 15 Jan 87, the applicant was furnished an honorable discharge, and was credited with three years, four months, and one day of active service.   

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 criteria for the requested decorations are: 

1.  The Air Medal (AM). The AM is awarded to United States military and civilian personnel for single acts of heroism or meritorious achievements while participating in aerial flight and foreign military personnel in actual combat in support of operations.  Required achievement is less than that required for the Distinguished Flying Cross, but must be accomplished with distinction above and beyond that expected of professional airmen. 

		2.  Armed Force Expeditionary Medal (AFEM).  The Armed Force Expeditionary Medal (AFEM) is awarded to members of the United States Armed Forces who, after 1 Jul 58, participated in United States Military operations in direct support of the United Nations or in assistance to a friendly foreign nation.  The AFEM may be awarded to members who, after 1 Jul 58, participated in operations where hostile action was imminent, as determined by the Joint Chiefs of Staff.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operations for 30 consecutive days in the designated area of eligibility or 60 non-consecutive days. 

A thorough review of the applicant's official military personnel record did not verify award of two Bronze Oak Leaf Clusters to the previously awarded Air Medal or one Bronze Service Star to the previously awarded Armed Forces Expeditionary Medal, nor did the applicant submit any such qualifying documentation.

The applicant previously submitted a similar request via Congressional Inquiry.  On 7 Oct 15, he was informed he would need to submit a complete decoration package for consideration of the additional Air Medals, to include a proposed citation, a signed recommendation from someone with firsthand knowledge of the act/achievement, preferably from his chain of command at the time of the act/achievement, and eyewitness statements.  Concerning the request for the Bronze Service Star for this AFEM, he was informed AFPC/DP3SP was unable to verify he deployed to an area of eligibility in direct support of an additional operation for which the AFEM was authorized, and that he must submit official documentation such as a paid travel voucher verifying his contention.  To date the applicant has not provided the requested information for either requested decoration.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant submitted a rebuttal taking exception to the Air Force evaluations.  He reiterates his missions were classified at the level of TS-SCI.  He was discharged for a pattern of minor disciplinary infractions on 14 Jan 87, but he received an Honorable discharge.  His commander approved award of his first Air Medal based upon his having performed 20 aerial combat missions.  However, at the time of his discharge, he had completed 60 aerial combat missions, but he was not decorated for his final 40 missions.  This is an injustice.  He refers to his involvement in several high visibility missions such as the hijacking of the Achille Lauro and Operation EL DORADO CANYON, and contends he was involved in many additional missions.  If the records of all of his classified mission exist, they would be sufficient to validate his claim.  

A complete copy of the applicant’s response is at Exhibit E. 

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.  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:

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-2015-04129 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04129 was considered:

	Exhibit A.  DD Form 149, dated 20 Sep 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 3 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 16.
	Exhibit E.  Letter, Applicant, dated 21 Jun 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.