RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04847

APPLICANT					COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge, be corrected to reflect is Meritorious Service Medal with one Bronze Oak Leaf Cluster (MSM w/1BOLC) an Joint Service Commendation Medal (JSCM).

APPLICANT CONTENDS THAT:

He was awarded the MSM w/1BOLC at retirement and the JSCM for a deployment to Afghanistan ending in Dec 07, both of which are missing from his DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 19 Jan 88, the applicant initially entered the Regular Air Force.

On 1 Sep 08, the applicant retired and was credited with 20 years, 7 months, and 12 days 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 of the award of the JSCM and the MSM w/1BOLC indicating there is no evidence of an error or an injustice.

A review of the applicant’s official military personnel record did not reveal any documentation he was recommended for or awarded the MSM w/1BOLC, nor did the applicant provide any evidence to verify the medal.  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 or achievement, preferably from someone within his chain of command at the time of the act or achievement, a proposed citation, and eyewitness statements for consideration.  

IAW DoDM 1348.33, the Air Force is not authorized to make decisions for joint decorations; therefore, the applicant must submit his request for the JSCM to the Director of Military Personnel, Human Resources Directorate, Washington Headquarters Services.  

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 13 Jun 16 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:

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.

3.  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, 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-2015-04847 in Executive Session on 2 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04847 was considered:

	Exhibit A.  DD Form 149, dated 9 Nov 15.
	Exhibit B.  Applicant's Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 13 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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.