RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04308

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect he was awarded the following awards:

The Defense Meritorious Service Medal (DMSM), instead of the Joint Service Meritorious Service Medal.  

The Meritorious Service Medal (MSM).  

APPLICANT CONTENDS THAT:

His DD Form 214 reflects the Joint Service Meritorious Service Medal which does not exist.

At his retirement, he received the DMSM for his service in a joint assignment at Fort Detrick and was also presented the MSM from the Air Force.  His DD Form 214 is in error.

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

STATEMENT OF FACTS:

The applicant retired on 30 April 1997 in the grade of captain (O-3).  He was credited with 10 years and 10 months of active duty service for this period.  He also served 5 years, 5 months and 29 days of prior active duty 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 for award of the DMSM.  The applicant needs to submit his request to the DOD for relief as the DOD has jurisdiction over joint decorations.  In order to reasonably consider the request, he will need to submit a recommendation from someone with firsthand knowledge of the act/achievement, preferably from someone within his chain of command at the time of the act/achievement, a proposed citation and eyewitness statements. 

The DMSM is awarded in the name of the Secretary of Defense to any active duty member of the United States Armed Forces who after 3 November 1977 while serving in a joint activity, distinguishes himself or herself by non-combat meritorious achievement.  The DMSM is a DOD/joint award that is awarded to service members assigned to qualifying joint activities.  

DP3SP recommends denial for award of the MSM with one Bronze Oak Leaf Cluster (MSM w/1 BOLC).  There is no official documentation in his record, nor was any provided to verify award of the MSM w/1 BOLC.  DP3SP also recommends disapproval due to the fact the request was not filed in a timely manner.  In order to reasonably consider the request, he needs to submit a recommendation from someone with firsthand knowledge of the act/achievement, preferably from someone within his chain of command at the time of the act/achievement, a proposed citation with inclusive dates and a summary of his outstanding meritorious achievement or service and eyewitness statements.

The MSM may be awarded to members of the United States Armed Forces who distinguish themselves by outstanding meritorious achievement or service to the United States.  The MSM is awarded to service members assigned to traditional single-service organizations and units.  

In regards to the Joint Service Meritorious Service Medal listed on the applicant’s DD Form 214, the applicant is correct there is no such decoration.  It is unclear what this entry on the applicant’s DD Form 214 was intended to be as the MSM (basic) is already listed.  Therefore, without anything to substantiate this entry, DP3SP recommends it be removed from the DD Form 214.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force and Chief of Staff.

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 7 June 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.  We note this Board which serves on behalf of the Secretary of the Air Force is without authority to award DOD/joint awards.  Accordingly, as pointed by out the Air Force OPR, we recommend the applicant pursue award of the DMSM to the DOD.  With respect to the applicant’s request for award of the MSM w/1 BOLC, 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-2015-04308 in Executive Session on 6 October 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 October 2015, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 April 2015.
	Exhibit D.  Letter, AFBCMR, dated 7 June 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.