RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-02872

  	COUNSEL:  NONE 

	HEARING:  NO

APPLICANT REQUESTS:  

He be awarded the following decorations:  

1.  The Air Force Outstanding Unit Award with Valor, with One Silver Oak Leaf Cluster, and Two Bronze Oak Leaf Clusters, (AFOUA w/V, w/1SOLC and 2/BOLCs).  (AFPC administratively corrected his record to reflect the AFOUA w/V, w/1SOLC and 1/BOLC.)  

2.  The Meritorious Unit Award (MUA).

APPLICANT CONTENDS:  

1.  AFOUA.  His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the AFOUA with Valor and five Oak Leaf Clusters (OLCs), while it should reflect seven.  The two missing AFOUAs are for the following periods of service:  1 Jan 06 to 31 Dec 07 for service with Det 6, 7th Weather Squadron (Order GA-53), and 19 Sep 07 to 31 Dec 08 for service with Det 1, 2nd Weather Squadron (Order G-086).  

2.  MUA.  The 455AEW received the MUA under USCENTAF Order G-2837 (2006) during the period 1 Oct 04 through 30 Sep 05.  While he is uncertain what unit he was assigned to, his deployment to Bagram Air Base, Afghanistan during the period 2 Mar 05 through 5 Jul 05 qualified him for the award.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Air Force on 1 Aug 02.  

The AFOUA is awarded by the Secretary of the Air Force to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  The services include; performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force.  A bronze valor device may be worn on the service ribbon when the award of the AFOUA is made to a unit for combat or direct combat support.

The MUA is given to Air Force active duty, Reserve and Guard units for exceptionally meritorious conduct in the performance of outstanding achievement or service in direct support of combat operations for at least 90 continuous days during the period of military operations against an armed enemy of the United States on or after 11 Sep 01.

On 31 Mar 08, the applicant received a honorable discharge certificate after serving seven years and eight months of total active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP1SSP recommends denying the application for the following reasons: 

1.  AFOUA.  One of the AFOUAs the applicant listed as having been awarded to him (Det 6, 7th Weather Squadron, Order GA-13 with Valor, for award period from 1 Jul 04 to 30 Sept 05), could not be verified because Det 6 did not share in the AFOUA w/Valor.  DPSID was also unable to verify the applicant was assigned or attached to the 4th Expeditionary Air Support Operations Squadron for award of their AFOUA.  

The applicant is now requesting award of two additional AFOUAs for the following:  (1) His assignment to Det 6, 7th Weather Squadron during the period 10 Nov 02 through 18 Dec 06 under USAFE Order GA-53 (2008) for the period 1 Jan 06 through 31 Dec 07, and (2) his assignment to Det 1, 2nd Weather Squadron during the period 18 Dec 06 through 31 Mar 08 under DAF Order G-086 (2010) during the period 19 Sep 07 through 31 Dec 08.  DP1SSP was also unable to verify order GA-53 awarding Detachment 6, 7th Weather Squadron the AFOUA.

2.  MUA.  DP1SSP was unable to verify the applicant was assigned to or attached to a unit that received award of the MUA while the applicant was assigned. 

The complete advisory is at Exhibit C.

THE APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 Aug 17 for comment (Exhibit D), and the applicant replied on 8 Sep 17.  In his rebuttal, the applicant states, due to happenstance “My DD-214 lists the correct description of this award (AFOUA) to which I am entitled.”  However, he is still concerned the Air Force might try to “claw back” prior awards of the AFOUA based upon the AFPC/DP1SSP advisory, which states two of his awards were granted improperly.  Thus, he is contending the two additional awards he requested exactly offset the two which AFPC says he was credited with in error.   Finally, he reiterates that he thinks he qualified for the MUA by being assigned at Bagram AB because he believes his weather team was under the 455 EOG or 455 AEW, but he is uncertain.    

The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

In response to the applicant’s rebuttal, AFPC/DP1SSP notified the Board they have administratively corrected the applicant’s record to reflect award of the Air Force Outstanding Unit Award with Valor with One Silver Oak Leaf Cluster and One Bronze Oak Leave Cluster.  

The complete advisory is at Exhibit F.

THE APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 Jul 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP1SSP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02872 in Executive Session on 31 Oct 18:

Panel Chair
Member
Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSP, dated 10 Nov 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Aug 17.
Exhibit E:	Applicant’s response, dated 8 Sep 17.
Exhibit F:  Advisory opinion, AFPC/DP1SP, dated 14 May 18.
Exhibit G: Notification of Advisory, SAF/MRBC to applicant, dated 10 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings concerning BC-2016-02872 required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2016-02872.