RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04467

XXXX X. XXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1) Amend his record to reflect award of the Korean Service Medal, National Defense Service Medal, United Nations Service Medal, Korean War Service Medal, Republic of Korea Presidential Unit Citation, and the Presidential Unit Citation (administratively corrected by AFPC); and, 

2)  Amend his record to reflect award of the Republic of Korea Presidential Unit Citation with two Bronze Service Stars, and the Presidential Unit Citation with one Bronze Oak Leaf Cluster.

APPLICANT’S CONTENTIONS

His unit received the awards, but he was never presented with them, nor were they listed on his DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 5 Jan 48, the applicant entered active duty service and was assigned to the 606th Aircraft Control and Warning Squadron at Shaw AF, South Carolina on 20 Jun 48.

On 24 Sep 50, he was assigned to the Far East Air Forces, Republic of Korea.

On 9 Dec 51, he was assigned to the 6403rd Personnel Processing Squadron in Japan.

On 8 Jan 52, the applicant was honorably discharged from the Air Force.

On 21 Feb 20, the AFPC Recognition team notified the applicant that his record would be corrected for the award of the Korean Service Medal with one Bronze Service Star, National Defense Service Medal, United Nations Service Medal, United Nations Medal, Korean War Service Medal, Republic of Korea Presidential Unit Citation, and the Presidential Unit Citation.  However, the team also notified the applicant that a second Bronze Star to the Republic of Korea Presidential Unit Citation was not verified as it has no approved devices, and thus only one is worn regardless of the number of awards received.  Additionally, a Bronze Oak Leaf Cluster to the Presidential Unit Citation was not verified since the applicant was not assigned to the 606th Aircraft Control and Warning Squadron during the inclusive period from 1 May-30 Nov 52 in accordance with the Air Force Pamphlet 900-2 Volumes 1, 2 and 3 (see Exhibit C). 

On 19 Jun 20, the applicant’s DD Form 214 was corrected to reflect award of the decorations noted above.

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

AIR FORCE EVALUATION

AFPC/DP3SP denied award of the applicant’s requested decorations beyond those that had been administratively corrected.  For award of the Bronze Oak Leaf Cluster to the Presidential Unit Citation, AFPC/DP3SP was unable to verify the applicant was assigned or attached to a unit that received the award.  Furthermore, AFPC/DP3SP recommended denial of the second Bronze Service Star to the Republic of Korea Presidential Unit Citation as only one is worn regardless of the number of awards received.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Jun 20 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice beyond the relief provided administratively.  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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2016-04467 in Executive Session on 18 Nov 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFPC Recognition Team, dated 21 Feb 20.
Exhibit D: Advisory opinion, AFPC/DP3SP, dated 30 May 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, w/atchs, dated 2 Jun 20.

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