RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-00179

XXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Good Conduct Medal.

APPLICANT CONTENDS THAT:

He served for seven years with no bad time.

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

STATEMENT OF FACTS:

The applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, indicates he was called from inactive duty on 30 October 1961.

On 11 August 1962, the applicant was released from active duty with an honorable character of service, and was credited with 9 months, and 12 days of active service [11 months and 12 days total active service].  Additionally, he was credited with 6 years, 8 months and 8 days of “other service.” 

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

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The Good Conduct Medal is awarded to enlisted members who have honorably completed 3 continuous years of active military service subsequent to 26 August 1940, and who are recommended by their commanding officers for exemplary behavior, efficiency, and fidelity.  The Good Conduct Medal is only awarded to Airmen prior to the establishment of the Air Force Good Conduct Medal on 1 June 1963.  The applicant's DD Form 214 shows 9 months and 12 days served this period and other service for 6 years, 8 months, and 8 days.  The limited auxiliary record indicates the applicant was a member of the Air Force Reserve who was called to active duty for the period indicated on his DD Form 214.  To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

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

ARPC/DPTS concurs with AFPC/DP3SP and recommends denial.  The applicant does not meet the criteria for the Good Conduct Medal.

A complete copy of the ARPC/DPTS evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 6 October 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:

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-2016-00179 in Executive Session on 14 March 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 7 January 2016, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 14 July 2016.
Exhibit D.  Memorandum, ARPC/DPTS, dated 26 July 2016.
Exhibit E.  Letter, AFBCMR, dated 6 October 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.