RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02641

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized reflect award of the following:  

a.	Air Force Overseas Ribbon-Short Tour (AFOR-ST).
b.	Small Arms Expert Marksmanship Ribbon w/one Bronze Service Star (SAEMR w/1BSS).
c.	Air Force Recruiting Ribbon.
d.	Manpower and Personnel Badge (Master Badge).
e.	Non-Commissioned Officer Professional Military Graduate Ribbon w/one Bronze Oak Leaf Cluster (NCOPMEGR w/1BOLC) (Administratively corrected).
f.	Meritorious Service Medal (MSM) w/1BOLC (Administratively corrected).

APPLICANT’S CONTENTIONS

He served in or performed duties and responsibilities that meet the criteria for entry on the DD Form 214.     

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7). 

On 6 Feb 59, according to DD Form 214, the applicant entered the Regular Air Force.

On 16 Sep 64, according to the AF Form 1195, Small Arms Marksmanship Certificate of Achievement, was provided by applicant, he qualified as a marksman on the .30 Caliber Carbine. 

On 23 Jun 65, according to AF Form 1195, provided by the applicant, he qualified as “Expert” on the .30 Caliber Carbine.  

On 27 Aug 80, according to Special Order GB-543, provided by the applicant, he was awarded the MSM w/1BOLC for the period 2 Dec 74 to 31 Aug 80.  

On 31 Aug 80, according to DD Form 214, the applicant was discharged for the purpose of retirement.  Block 11, Primary Specialty Number, Title, Years, and Months in Specialty, reflects 73270-Personnel Technician 21 years, 6 months and Block 13 indicates he was awarded the SAEMR.

On 12 Jan 21, AFPC/DP2SSR-214 issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting award of the MSM w/1BOLC and NCOPMEGR w/1BOLC.

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

APPLICABLE AUTHORITY

AFI 36-2101, Classifying Military Personnel (Officer and Enlisted): AFI 36-2903, Dress and Personal Appearance of Air Force Personnel, DD Form 214 Total Force Personnel Services Delivery Guide. The occupational structure is flexible to permit enlisted personnel to specialize and develop their skills and abilities while allowing the Air Force to meet changing mission requirements. 

Occupational badges are normally issued in basic, senior and master level.  Enlisted wear the basic badge after completing technical school, the senior badge after award of the 7-skill level, and the master badge as a master sergeant or above with 5 years in the specialty from award of the 7-skill level.

Occupational badges are not authorized entries on the DD Form 214.

AFMAN 36-2806, Awards and Memorialization Program.  

Prior to 6 Jan 86, the AFOR was awarded to Regular Air Force, Air National Guard and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80. Only individuals serving on active duty as of 6 Jan 86 are eligible to have the AFOR applied retroactively for completion of an overseas tour. 

The SAEMR is awarded to Regular Air Force, Air National Guard and Air Force Reserve members, who, after 1 Jan 63, qualify as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on the Air Force qualification course, an appropriate orientation course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle Program.  Authorized Device:  A bronze service star will be worn on the ribbon for those members who, after 22 Jun 72, meet award criteria with both the M16 rifle and issue handgun. Only one bronze star will be worn regardless of the number of times a person qualifies with both weapons.  

The Air Force Recruiter Ribbon was established to recognize Air Force recruiters from 21 Jun 00 to 3 Sept 14.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for the service awards.  The applicant served on active duty from 6 Feb 59 to 31 Aug 80, which is prior to the award authorization period for the AFOR-ST and the Air Force Recruiter Ribbon.  In addition, there is no documentation provided establishing the applicant qualified as an “expert” with the .30 Caliber Carbine for award of the SAEMR w/1BSS.  

Notwithstanding the above, AFPC/DP3SP was able to verify award of the MSM w/1BOLC and the NCOPMEGR w/1BOLC during the applicant’s period of service from 6 Feb 59 to 31 Aug 80 and was not reflected on his DD Form 214.  The applicant’s record will be administratively corrected.  
  
The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 19 Oct 20 for comment (Exhibit D), 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.  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 beyond that rendered administratively.

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-2018-02641 in Executive Session on 15 Jun 21:

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 2 Jul 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 12 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Oct 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.