RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04471

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Meritorious Service Medal (MSM).

APPLICANT CONTENDS THAT:

Award of the MSM was omitted from his DD Form 214, Certificate of Release or Discharge from Active Duty.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 31 October 1987, the applicant was released from active duty and on 1 November 1987, retired in the grade of master sergeant under the provisions of AFR 35-7 (Voluntary Retirement For Years Of Service Established By Law).  He served 26 years and 14 days of service for basic pay.  He served as a Jet Engine Technician and a Bioenvironmental Engineering Technician.  The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his release from active for the purpose of retirement is absent 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 indicating the Meritorious Service Medal is awarded to service members assigned to traditional single-service organizations and units, whereas the Defense Meritorious Service Medal is a Defense/Joint award that is awarded to service members assigned to qualifying joint activities.

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 may be awarded for outstanding achievement or service while serving in a designated combat zone.  The MSM may be awarded posthumously.

DP3SP was unable to locate any official documentation verifying the applicant was recommended for or awarded the MSM.  The applicant states he sent proof of the award to St. Louis, Missouri; should the applicant have proof of award of the MSM DP3SP recommends he provide it to the board for validation.  The special order is the official source document to verify award of a decoration.  Otherwise, in order for the applicant’s request to be reasonably considered he will need to provide a signed 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 for consideration.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department.

Based on their review of the applicant’s official military personnel record, they were able to determine that the Vietnam Service Medal with three Bronze Service Stars (VSM w/3BSS) should have been awarded during the applicant’s service from 16 June 1966 to 31 October 1987 and was not reflected in his records.  Upon final board decision, administrative correction of the applicant’s official military personnel 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 8 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.  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 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, other than that already administratively corrected, 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-2015-04471 in Executive Session on 26 January 2017 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04471 was considered:

	Exhibit A.  DD Form 149, dated 14 October 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 3 June 2016.
	Exhibit D.  Letter, AFBCMR, dated 8 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.