RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03397

	COUNSEL: NONE

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge From Active Duty, effective 2 December 2006, be corrected to reflect he was authorized and awarded the Iraq Campaign Medal (ICM).

APPLICANT CONTENDS THAT:

He has no contention listed on his DD Form 149, Application for Correction of Military Record.  The applicant’s complete submission is at Exhibit A.  

STATEMENT OF FACTS:

The applicant is a former Air Force senior airmen (E4).

On 2 December 2006, the applicant was furnished an honorable discharge, and was credited with four years of 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/DP3SP recommends denying the application.  The Iraq Campaign Medal is awarded to members of the United States Armed Forces who served in Iraq between 19 March 2003 and 31 December 2011.  Service members authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom or Operation New Dawn.  They must have been permanently assigned, attached, or detailed to a unit that operated within the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: was engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or while participating in an operation or on official duties was killed, wounded, or injured and required medical evacuation from the area of eligibility, regardless of the time in the area of eligibility.  After a thorough review of the applicant’s official military personnel record, we were unable to verify award of the Iraq Campaign Medal.  We were unable to verify the applicant served within the area of eligibility for award of the Iraq Campaign Medal for 30 consecutive days or for 60 non-consecutive days or met any other portion of the award criteria.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 6 March 2017 for comment (Exhibit D), but has received no response.  

THE BOARD CONCLUDES THAT:

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 that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s award of the ICM.  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.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.  

THE BOARD RECOMMENDS THAT:

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.

The application was adjudicated without a personal appearance.  

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-2016-03397 in Executive Session on 29 May 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03397:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 August 2016.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 21 November 2016.
Exhibit D:	Letter, AFBCMR, to applicant, dated 6 March 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.