RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02612

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Meritorious Service Medal (MSM) for his period of service at Laughlin Air Force Base, Texas in 2004.

APPLICANT CONTENDS THAT:

The Military Personnel Data System (MilPDS) shows he was awarded a MSM in 2004.  However, the award is missing from the Automated Records Management System (ARMS).

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of major (O-4).

According to the applicant’s ARMS records, on 7 Mar 13, he was awarded the MSM First Oak Leaf Cluster (MSM w/1OLC) for meritorious service from 26 Feb 11 to 6 Dec 12.

According to the applicant’s ARMS records, on 22 Feb 16, he was awarded the MSM Second Oak Leaf Cluster (MSM w/2OLC) for meritorious service from 26 Feb 13 to 1 Feb 16.

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 official military personnel record, DP3SP were unable to locate the MSM basic decoration elements to include the signed certificate/citation and Special Order authorizing the decoration. The Special Order is the official source document for verification of an approved decoration.

Unless the applicant is able to provide official documentation supporting he received the MSM basic with an award inclusive period during his time at Laughlin Air Force Base, DP3SP recommend his official military record, to include the MilPDS and all MSM decoration elements be changed to reflect only a total of two awards.  Additionally, DP3SP recommends disapproval due to the applicant’s request being untimely.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he does not have a copy of the decoration because he never received it.  He asserts that his promotion board brief from 2013 that he provided is in his official records and it shows that he has a MSM from 2004.  He further states that if a copy of the MSM from 2004 exists, he would like to add it to his record and to be given a supplemental promotion board.

A complete copy of the Applicant’s response, with attachment, is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission, to include his rebuttal, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The Board notes the OPR comment regarding the applicant’s request being untimely, however, in accordance with AFI 26-2603, AFBCMR, ordinarily, applicants must file an application within three years after the error or injustice was discovered, or, with due diligence, should have been discovered, nonetheless, in accordance with federal law, time on active duty is not included in the 3-year period and the applicant is currently serving on active duty.  With regard to the OPR’s recommendation for the applicant’s record to be changed to reflect only two MSM award, it is not under the Board’s charter to issue a recommendation that will cause detriment to the applicant.  Therefore, we advise the OPR to address this request with the appropriate officials who are charged with processing such actions.  Regarding the applicant’s request, by rebuttal, that if a copy of the MSM from 2004 exists, he would like to add it to his record and to be given a supplemental promotion board, due to the OPR’s statement that they were unable to locate the MSM basic decoration elements, his request for a supplemental promotion board is moot, as there is no evidence of an error or injustice to support this request.  In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

THE BOARD RECOMMENDS THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2016-02612 in Executive Session on 10 Aug 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 Jun 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 4 Nov 16.
	Exhibit D.  Letter, AFBCMR, dated 4 Jan 17.
	Exhibit E.  Letter, Applicant, dated 19 Jan 17, w/atch.

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.