RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05185

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  He be awarded the Joint Service Commendation Medal. (Not within the Board’s purview)

2.  He be awarded the Armed Forces Expeditionary Medal.

APPLICANT CONTENDS THAT:

He was recommended for the aforementioned awards on 7 June 1979, and did not realize a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, had to be issued to make the awards official.

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

STATEMENT OF FACTS:

The applicant entered active duty in the Regular Air Force on 1 September 1977.

On 1 June 1982, the applicant was furnished an honorable discharge, and was credited with 4 years, 9 months, and 1 day of active service.

In a letter provided by the applicant dated 7 June 1979, the commander, Headquarters 552d Airborne Warning and Control Wing lauded the applicant’s performance during Operation FLYING STAR and indicated that all personnel who participated would be recommended for the Joint Service Commendation Medal and the Armed Forces Expeditionary Medal.

According to AFI 36-2803, The Air Force Military Awards and Decorations Program, Operation FLYING STAR is not an approved military operation that has been approved for award of the Armed Forces Expeditionary Medal.

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 Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963, and is awarded only to members of the Armed Forces of the United States who, after 1 January 1963, distinguish themselves by meritorious achievement or service.  The official source documentation verifying the award is a Special Order.  AFPC/DP3SP is unable to locate official documentation to verify the applicant was awarded the Joint Service Commendation Medal.  The applicant's request for award of the Joint Service Commendation Medal is outside of the authority of the Secretary of the Air Force as it is a joint decoration and must be referred to the Office of the Secretary of Defense for relief.  The applicant should submit his request along with all supporting documentation to the following address for relief:

Director, Military Personnel
Human Resources Directorate
Washington Headquarters Services
Washington, D.C. 20301-1155

The Armed Forces Expeditionary Medal is awarded to members of the United States Armed Forces who, after 1 July 1958, participated in United States Military operations, United States operations in direct support of the United Nations, or United States operations of assistance for friendly foreign nations.  The Armed Forces Expeditionary Medal may be awarded to members of the United States Armed Forces who after 1 July 1958: Participate, or have participated, as members of United States Military units in a United States Military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers; encounter, incident to such participation, foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in a designated area of eligibility in a foreign territory (or for the full period when an operation is less than 30 days duration) or for 60 non-consecutive days provided the support involved entering the area of eligibility or met the following criteria: Was engaged in actual combat, or duty that was equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area of eligibility, or was wounded or injured and required medical evacuation from the area of eligibility while participating in the operation, regardless of time in the area of eligibility.  AFPC/DP3SP is unable to locate official documentation to verify the applicant deployed to the area of eligibility in direct support of an operation for which the Armed Forces Expeditionary Medal is authorized.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 May 2016, a copy of the Air Force evaluation was forwarded to the applicant 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, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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-2015-05185 in Executive Session on 14 February 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05185 was considered:

Exhibit A.  DD Form 149, dated 3 December 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 April 2016.
Exhibit D.  Letter, AFBCMR, dated 3 May 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.