RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00813

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the Airman’s Medal. 

APPLICANT CONTENDS THAT:

He has been trying to receive the medals and awards he received while on active duty and the Airman’s Medal was for an incident while he was stationed in Nha Trang, South Vietnam in late 1969 or early 1970 and awarded by President Nixon after he was separated from the Air Force.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Aug 66.

On 4 Aug 70, the applicant was furnished an honorable discharge, and was credited with 3 years, 11 months, and 16 days of active service.

On 16 Nov 15, the applicant submitted a request to the Air Force Personnel Center (AFPC) requesting award of the Airman’s Medal, Air Force Good Conduct Medal (AFGCM) and the Vietnam Campaign Medal (VCM) and on 28 Apr 16, AFPC/DP1SP notified the applicant by letter they were able to verify award of the AFGM and VCM, but unable to locate any official documentation verifying he was recommended for or awarded the Airman’s Medal by, then, President Richard Nixon.

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 Airman's Medal is awarded to members of the Armed Forces of the United States or foreign military personnel who, while serving in any capacity with the United States Air Force (USAF), distinguish themselves by heroism involving risk of life under conditions other than those for actual conflict with an enemy.  In accordance with Title 10 U.S.C. Section 6249, “No medal, cross, or bar, or associated emblem or insignia may be awarded or presented to any USAF member or their representative, if the member’s entire service, subsequent to the time of the distinguished act, achievement, or service, has not been honorable."

There is no evidence in the applicant's record, nor did the applicant present any, to support award of the Airman's Medal.  The applicant's service during the time in question was less than honorable and while there is no documentation showing disapproval for that reason, it is more likely than not that it was a factor in the applicant not having his record updated to reflect award of the Airman's Medal.  Additionally, recommend disapproval due to the applicant’s request was not filed in a timely manner.  

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 7 Sep 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.  The applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered.

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.  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.  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-2016-00813 in Executive Session on 25 Apr 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Feb 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 12 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 7 Sep 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.