RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03923

XXXXXXXXXX (MEMBER)	COUNSEL: NONE	

	HEARING: YES	

APPLICANT REQUESTS THAT:

The Air Force Commendation Medal (AFCM) be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. (ADMINISTRATIVELY CORRECTED) 

His deployments be added to his DD Form 214.

APPLICANT CONTENDS THAT:

All his awards and deployments are not listed on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air National Guard technical sergeant.  

Per Special Order No. G5-18, dated 21 Mar 00, the applicant was awarded the AFCM for meritorious service during the period of 4 Jan 98 thru 18 Feb 00.  

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

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  The applicant’s DD Form 214, dated 18 Feb 00, does not include the Air Force Commendation Medal because it was awarded on 21 Mar 00, after he was discharged.  In regards to the applicant’s deployments not reflected on his DD Form 214, there does not exist any evidence of deployments in the applicant’s DD Form 149 submission or his military human resources record.  DPTS created a DD Form 215, correction to the DD Form 214, to add the Air Force Commendation Medal awarded after the member’s discharge. 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 30 Aug 18 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 ARPC/DPTS 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, aside from the addition of his AFCM to a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, 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-2016-03923 in Executive Session on 3 Oct 18:

Panel Chair
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 10 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Aug 18.

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