RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2016-04275

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect award of a campaign or expeditionary medal for her support in Libya.  

APPLICANT CONTENDS THAT:

Her service in Libya during Operation ELDORADO CANYON from 12 Apr 86 to 17 Apr 86, qualifies her for a campaign or expeditionary medal.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 3 Nov 80.  She was credited with 5 years and 8 months of active service and 2 years, 11 months and 29 days of Foreign 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 applicant’s request for a campaign or expeditionary medal because they were unable to locate any official documentation in her military record verifying she deployed to the area of responsibility in support of Operation ELDORADO CANYON.  AFPC/DP3SP was able to verify the applicant’s eligibility for award of the Air Force Outstanding Unit Award (AFOUA) and her records will be administratively corrected after the Board’s final decision.  

AFPC/DP3AM recommends denying the application because a review of the applicant’s official military record and documentation submitted failed to provide any documents that substantiates Foreign Service time in Libya.  The complete advisories are at Exhibits C and D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluations to the applicant on 24 Apr 18 for comment (Exhibit E), 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, 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-2016-04275 in Executive Session on 14 Jun 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/atch, dated 19 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 19 Jun 17.
Exhibit D:  Advisory opinion, AFPC/DP3AM, dated 2 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Apr 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.