RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01895 

      		                COUNSEL: NONE
 
           				HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release of Discharge from Active Duty, be corrected to show award of:

1. The Joint Meritorious Unit Award (JMUA); and 

2. The Armed Forces Expeditionary Medal (AFEM). (Will be administratively corrected)

APPLICANT CONTENDS THAT:

He participated in Operation PROVIDE COMFORT from 1 May 94 - 30 Jun 95 while assigned to Incirlik AB, Turkey, for which he earned the JMUA.

While deployed to Dhahran, Saudi Arabia, he supported Operation SOUTHERN WATCH. Since this was his second tour to Southwest Asia he is qualified for award of the AFEM.

The attached DD Form 214, PCS orders to Incirlik, deployment order to Dhahran, and Certificate of Appreciation for Operation SOUTHERN WATCH are offered in evidence.

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

STATEMENT OF FACTS:

On 5 May 93, the applicant entered the Regular Air Force.

On 18 May 99, the applicant was furnished an honorable discharge, and was credited with 5 years, 9 months, and 14 days of active 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 indicating there is no evidence of an error or an injustice.  After a thorough review of the applicant’s military record it could not be verified the applicant was awarded or qualified for the JMUA.  The JMUA is awarded to units in recognition of exceptionally meritorious conduct in the performance of outstanding service.  However, a unit’s outstanding accomplishment of its normally assigned and expected mission is not in and of itself sufficient justification for award approval. Instead, qualifying achievements must be superior to that which is expected under one of the following conditions and should be operational in nature: during action in combat with an armed enemy of the United States, in a declared national emergency situations, under extraordinary circumstances the involve national interest. Only those members of the United States Armed Forces who were present at the time and directly participated in the service or achievement for 30 days or more for the period cited or if less than 30 days, shall be authorized to wear the JMUA ribbon. Members must be permanently assigned or attached by official orders to the joint unit receiving the JMUA. AFPC/DP3SP was unable to verify the applicant was assigned or attached by official orders to a unit awarded the JMUA.

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 13 Dec 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:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction    36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  

Notwithstanding the above, a review of the applicant’s military record determined he should be awarded the Armed Forces Expeditionary Medal and the Air Force Outstanding Unit Award with two bronze oak leaf clusters (AFOUA w/2BOLC). AFPC/DP2STM will take the administrative action to correct the applicant’s record.

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-2016-01895 in Executive Session on 21 Sep 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01895 was considered:

	Exhibit A.  DD Form 149, dated 2016-05-05, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 16 Sep 16.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Dec 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 matter.