RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03524

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the Air Medal (AM).

APPLICANT CONTENDS THAT:

Due to an administrative error, his personnel records need to be updated to reflect award of the Air Medal.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 18 May 67, the applicant was furnished an honorable discharge as an airman first class and was credited with 3 years, 11 months, and 18 days of active service to include 2 years, 2months, and 24 days foreign and/or sea service.

On 24 Mar 67, per documentation provided by the applicant, he was awarded the Air Medal for participation in aerial flight from 1 Apr 65 to 1 Oct 66.

On 1 Jan 67, per AF Form 909, A1C, A2C, A3C and AB Performance Report, rater commented that the applicant has been submitted for award of the Air Medal for exceptionally meritorious service while participating in sustained aerial flight operations.

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 has completed an administrative correction for the Air Force Outstanding Award (AFOUA); however, recommends disapproval for award of the Air Medal.  Although the applicant provides a copy of a certificate that appears to be authentic, DP3SP was unable to locate a citation or the Special Order.  Should the applicant possess a copy of the Special Order awarding him the Air Medal, recommend he provide a copy to the Board for further review.  The Air Medal may be awarded to any person who, while serving in any capacity with the United States Armed forces, subsequent to 8 Sep 39, distinguishes himself or herself by meritorious achievement while participating in an aerial flight.  The Air Medal may be awarded for combat or non-combat action in recognition of single acts of valor, heroism, or merit while participating in aerial flight.  Additionally, it may be conferred for sustained meritorious achievement (distinction) in the performance of duties involving aerial flight. 

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 23 Aug 17 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 or 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 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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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 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.

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-2016-03524 in Executive Session on 23 May 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, w/atchs, dated 14 Dec 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Aug 17.

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