RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04182

	COUNSEL:  NONE

	HEARING:  YES

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect the following:

	a.  Kosovo Campaign Medal (KCM).  

APPLICANT CONTENDS THAT:

He deployed to the area of eligibility (AOE) (Aviano Air Base, Italy) for 30 or more days in support of Operation ALLIED FORCE; however, he was never awarded the KCM. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 9 Oct 96 to 8 Oct 00.  According to special order TE-0368, provided by the applicant, he deployed on or about 16 Apr 99 in support of Operation NOBLE ANVIL for 120 days to a data masked location.  

According to AF Form 2274, Air Force Achievement Medal (AFAM), provided by the applicant, for the period 28 Mar 99 to 8 Oct 00, states “While deployed to Aviano Air Base, Italy, during Operation ALLIED FORCE, he was a primary player in the safe and efficient build-up of over seven thousand precision-guided munitions, aircraft rockets, and general purpose bombs of various types.”  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 indicating there was no official documentation provided to verify the applicant was in the AOE for award of the KCM.  The applicant provided an AFAM with one Bronze Oak Leaf Cluster certificate; however, it is not on his DD Form 214, nor was a special order provided.  Therefore, it is not viable documentation to verify he served in the AOE in support of Operation ALLIED FORCE.

Should the applicant provide official documentation reflecting he deployed to the AOE in direct support of Operation ALLIED FORCE for 30 consecutive or 60 non-consecutive days, AFPC/DP3SP would be able to award the KCM; however, the previously awarded Air and Space Campaign Medal would need to be revoked as both are not authorized for Operation ALLIED FORCE.  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 25 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 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 contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was 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-2016-04182 in Executive Session on 28 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 7 Jul 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 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.