RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01650

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the following awards and decorations:

	Korean Defense Service Medal (KDSM). (ADMINISTRATIVELY CORRECTED).  

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

	Any other awards and decorations he may be entitled to. 

APPLICANT CONTENDS THAT:

He served on active duty on a one year remote assignment at Osan AB, Korea from 18 November 1977 to 9 November 1978.  He understands the KDSM is retroactive to 1954.  

He was reviewing his DD Form 214, Report of Separation from Active Duty, and service record while applying for a new job and was advised by a Veterans’ Representative he should request the awards.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 13 June 1975 and was released from active duty on 9 November 1978.  He was credited with 3 years, 4 months and 27 days of active duty service.  

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 for award of the AFOR-ST.  The applicant’s dates of service are prior to the authorization date for award of the AFOR-ST.  Additionally, the applicant was not on active duty as of 6 January 1986 to be eligible for retroactive award of the AFOR-ST.  

The AFOR was authorized by the Chief of Staff, United States Air Force, on 12 October 1980.  The ribbon was authorized to be awarded to Air Force active duty and 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.  

Based on a review of the applicant’s record, DP3SP was able to determine the applicant should have been awarded the KDSM for his service from 13 June 1975 to 9 November 1978.  The applicant’s records were administratively corrected by AFPC/DP2STM for award of the KDSM.  DP3SP was unable to verify any additional awards or decorations earned during the applicant’s period of service, other than the KDSM.  

A complete copy of the AFPC/DPXXX 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 2 February 2017 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 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 KDSM, we find the application untimely.

THE BOARD RECOMMENDS 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-2016-01650 in Executive Session on 6 July 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 April 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 16 August 2016.
	Exhibit D.  Letter, SAF/MRBR, dated DD MMM YY.

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.