RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-05287
		
						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be awarded the following awards and decorations:

	Airman’s Medal (AM). (WILL BE ADMINISTRATIVELY CORRECTED).

	Air Force Overseas Ribbon-Short Tour (AFOR-ST). 

	Small Arms Expert Marksmanship Badge (SAEMR).  	

APPLICANT CONTENDS THAT:

He was awarded the AM for valor while on active duty on 1 April 1981.  Per the Presidential Order B-247, he was awarded the AM for valor in the line of duty.  It is unjust that the award is not reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty. 

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 15 July 1977 and was discharged on 14 May 1981.  He was credited with 3 years and 10 months of active duty service and 1 year, 3 months and 1 day of foreign service.   

The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3SP verified the applicant should have been awarded the AM during his period of service from 15 July 1977 to 14 May 1981.  The applicant was awarded the AM per Department of the Air Force Special Order GB-247 dated 8 April 1982.  Upon the Board’s final decision, the applicant’s record will be administratively corrected by AFPC/DP2STM.  

AFPC/DP3SP recommends denial for award of the AFOR.   The AFOR was authorized by the Chief of Staff on 12 October 1980.  The ribbon was authorized to be awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 September 1980.  Only individuals serving on active duty as of 6 January 1986 are eligible to have the AFOR applied retroactively for completion of an overseas tour.   DP3SP was unable to verify the applicant was credited with completion of an overseas short tour on or after 1 September 1980.  Furthermore, the applicant was not on active duty as of 6 January 1986 to be eligible for retroactive award of the AFOR-ST.

DP3SP recommends denial for award of the SAEMR.  The SAEMR is awarded to all United States Air Force members who after 1 January 1963 qualify as “expert” in small arms marksmanship with either the M-16 rifle or issue handgun.  Qualification as “expert” in both weapons after 22 June 1972 is denoted by a bronze service star worn on the service ribbon.   There is no official documentation in the applicant’s record verifying he qualified as expert with either the M-16 rifle and/or issue handgun to be eligible for the SAEMR.  To grant relief would be contrary to the criteria established by DODM 1348.33, Secretary of the Air Force and Chief of Staff.
 
A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

SAF/MRBP states they have no equity and the correction was accomplished by AFPC/DP3SP.  

A complete copy of the SAF/MRBP evaluation is at Exhibit D.   

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 15 November 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

1. 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, aside from the administrative correction for award of the AM, we find the application untimely.

2.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-05287 in Executive Session on 2 March 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05287 was considered:

	Exhibit A.  DD Form 149, dated 15 December 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 20 May 2016.
	Exhibit D.  Memorandum, SAF/MRBP, undated.
	Exhibit E.  Letter, AFBCMR, dated 15 November 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.