RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04105

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Meritorious Service Medal (MSM).

APPLICANT CONTENDS THAT:

He was awarded this medal for his service from 6 Aug 76 through 2 Apr 80.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 02 Apr 80, the applicant was furnished an honorable discharge and was credited with 7 years, 8 months, and 18 days 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 Meritorious Service Medal (MSM) is awarded to service members assigned to traditional single-service organizations or units, whereas the Defense Meritorious Service Medal is a Defense/Joint award that is awarded to service members assigned to qualifying joint activities.  Meritorious Service Medal may be awarded to members of the United States Armed Forces who distinguish themselves by outstanding meritorious achievement or service to the United States.  The Meritorious Service Medal may be awarded for outstanding achievement or service while serving in a designated combat zone.  The Meritorious Service Medal may be awarded posthumously.  After a thorough review of applicant’s official military personnel record, AFPC/DP3SP was unable to verify any special order, certificate or recommendation to verify the applicant was recommended for the Meritorious Service Medal.  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 21 Sep 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.  Furthermore, 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-2016-04105 in Executive Session on 06 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

 The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 04 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 27 Jan 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Sep 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 for Docket Number BC-2016-04105.