RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04755

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

The Humanitarian Service Medal (HSM) be added to his records.

APPLICANT CONTENDS THAT:

He aided in humanitarian and disaster relief during Operation New Horizons 2006.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant was discharged from the Air National Guard effective 29 Oct 09, and was credited with 8 years of service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PS recommends denying the application.  In accordance with DoD Award Manual 1338.33 Volume 2, Manual of Military Decorations and Awards: DoD Service Awards-Campaign, Expeditionary, and Service Medals, once the recommendation for an operation or action has been authorized, determination of individual eligibility for participating personnel is delegated to a command level, O-6 (civilian equivalent) or above.  The applicant submitted a Certificate of Appreciation for a training exercise, not an operation, which was signed by a major (O-4).  This is not official notification of an award, nor indication of an operation.  The complete advisory, with attachment, 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 26 Sep 17, for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

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 NGB/A1PS and finds 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 AFBCMR Docket Number BC-2016-04755 in Executive Session on 3 May 18:

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

Exhibit A: Applicant’s application, DD Form 149, w/atchs, dated 22 Nov 16.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1PS, w/atch, dated 17 Sep 17.
Exhibit D: Notification of Advisory, AFBCMR to applicant, dated 26 Sep 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.