RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04401

 						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 Meritorious Service Medal, with one Bronze Oak Leaf Cluster (MSM w/1 BOLC).  

APPLICANT CONTENDS THAT:

He was awarded his second MSM after issue of his DD Form 214.

His records should be corrected in the interest of maintaining proper records.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 16 May 1980 and was discharged on 25 September 1992.  He was credited with 12 years, 4 months and 10 days of active duty service.  

The applicant’s DD Form 214 does not reflect award of the MSM.  

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.  The only documentation concerning award of the MSM was Special Order GA-14 dated 30 September 1992 awarding the basic MSM upon his separation from the Air Force.  DP3SP was unable to locate a special order, certificate or recommendation to verify the applicant was recommended for or awarded any additional awards of the MSM.  The special order is the official documentation for verification of award of decorations.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and Chief of Staff.  

DP3SP was able to determine the applicant should have been awarded the MSM during his period of service which was not reflected in his records.  Upon the Board’s final decision, administrative correction of the applicant’s record will be completed by AFPC/DP2STM.  

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.

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.  Insufficient 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; however, we 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 not been the victim of an error or injustice.  Therefore, aside from the administrative correction for award of the MSM, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-04401 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 October 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 20 May 2016.
	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.