RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04224

XXXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the:

	North Atlantic Treaty Organization Medal (administratively corrected)
	United Nations Medal (administratively corrected)
	Upgrade of his Air Force Commendation Medal to an Air Force Meritorious Service Medal

APPLICANT CONTENDS THAT:

He was misinformed regarding qualification for awards, and recently learned how to request correction of his records.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force Technical Sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

On 27 Mar 17, AFPC/DPSOR-214 issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, to the applicant, administratively correcting his awards data (Exhibit D).

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  The applicant provided no documentation to support an injustice occurred regarding his Air Force Commendation Medal.  However, upon final Board decision, the applicant’s records will be administratively corrected to reflect award of the:

	North Atlantic Treaty Organization Medal – Yugoslavia
	United Nations 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 27 Sep 17 for comment (Exhibit E), and the applicant replied on 14 May 18.  In his response, the applicant provided letters of recommendation in support of his contentions.  The applicant’s complete response is at Exhibit F.

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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds 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 aforementioned administrative corrections, 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-2016-04224 in Executive Session on 10 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 6 Feb 17.
Exhibit D:	Letter, AFPC/DPSOR-214 to applicant, dated 24 Mar 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Sep 17.
Exhibit F:	Applicant’s response, dated 14 May 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.