RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04550

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The following awards be added to his DD Form 214, Certificate of Release or Discharge from Active Duty:

	1. The Air Force Overseas Ribbon-Long Tour with one Bronze Oak Leaf Cluster.

	2. The Non-Commissioned Officer Professional Military Education Graduate Ribbon. (No action required)

APPLICANT CONTENDS THAT:

The Air Force Overseas Ribbon was created while he was on active duty and he was credited with two overseas tours, but they were not included on his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 3 February 1976 to 22 November 1985, and he was credited with 6 years and 21 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 second Air Force Overseas Ribbon because his overseas tour for the period 1976-1979 is prior to the inception of the award.  The Air Force Overseas Ribbon was authorized for Air Force members credited with completion of an overseas tour on or after 1 September 1980.  Only individuals serving on active duty as of 6 January 1986 are eligible to have the Air Force Overseas Ribbon applied retroactively for completion of an overseas tour.  

AFPC/DP3SP was able to verify the applicant’s eligibility for the Air Force Overseas Ribbon-Long Tour for the period 1982-1985, and his records will be administratively corrected after the Board’s final decision.  However, although he completed a prior qualifying overseas tour between 1976 and 1979, he was not serving on active duty as of January 1986 and is not eligible for the retroactive award. 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 4 January 2018 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.  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.  Therefore, beyond the relief already granted administratively, 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-2016-04550 in Executive Session on 1 May 2018:

, Panel Chair
, III, Member
, Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 9 November 2016.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SP, dated 6 December 2017.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 4 January 2018.

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