RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2015-05259

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect award of the Air Force Commendation Medal.

APPLICANT CONTENDS THAT:

He earned the award while assigned to the 4258th Strategic Wing, Utapao, Thailand.

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

STATEMENT OF FACTS:

On 27 Oct 65, applicant initially entered the Regular Air Force.

On 19 Feb 69, the applicant was furnished an honorable discharge, and was credited with 3 years, 3 months, and 23 days of active service.

On 9 Apr 16, National Personnel Records Center (NPRC) advised the applicant’s records were charged out and unavailable for review (Exhibit B).

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 Air Force Commendation Medal was authorized by the Secretary of the Air Force on 28 Mar 58 and is awarded to members of the Armed Forces of the United States, below the grade of Colonel and foreign military personnel, who, while serving in any capacity with the Department of the Air Force, distinguish themselves by outstanding achievement or meritorious service.

There was no official military personnel record available for review at the time of this request.  DP3SP was unable to locate official documentation such as a signed certificate or special order awarding the Air Force Commendation Medal, nor was any provided with this request.  The applicant did provide his DD Form 214, a memorandum for Pride Man of the Month, May 68, and a travel voucher dated 12 Dec 67.

After a thorough review of this documentation, DP3SP was unable to verify award of the Air Force Commendation Medal; however, the applicant should have been awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) (administrative correction).

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends all military members assigned to the 4258th Strategic Wing during the period in question were automatically awarded the Air Force Commendation Medal (AFCM) upon leaving the unit.  It would be impossible for him to contact someone with first-hand knowledge at this time, as it is equally impossible for the Air Force to recover his original military records which were destroyed in a fire.  He further states both his brother and his uncle were automatically awarded the AFCM as a result of their assignment in the same operational area, though he was unable to provide any official documentation supporting his claim.

The applicant’s complete response is at Exhibit E.

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 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-2015-05259 in Executive Session on 11 Apr 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05259 was considered:

	Exhibit A.  DD Form 149, dated 3 Nov 15, w/atchs.
	Exhibit B.  Email, NPRC, dated 9 Apr 16.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 16 May 16.
	Exhibit D.  Letter, AFBCMR, dated 15 Jun 16.
	Exhibit E.  Letter, Applicant, dated 14 Jul 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.