RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04217 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to include the award of the Air Force Good Conduct Medal (AFGCM). APPLICANT CONTENDS THAT: His AFGCM was erroneously left off his DD Form 214. Proof of this fact can be confirmed by reviewing the Legal Review of his Administrative Discharge Package. According to paragraph 3 of this document it states the applicant is entitled to wear the AFGCM. In support of his request, the applicant’s counsel provided a copy of his DD Form 214, a copy of his Administrative Discharge Notification Memorandum, and a copy of his Administrative Discharge Legal Review. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 29 Apr 03. Between 12 Mar 04 and 24 Feb 05, the applicant received multiple Letters of Reprimand and Counseling. On 1 Jun 05, the applicant accepted an Article 15, Nonjudicial Punishment, for multiple failures to go; a violation of Article 86 and dereliction of duty; a violation of Article 92. He was reduced in grade to airman, given 45 days of extra duty (suspended), and received a reprimand. On 15 Jun 05, the applicant was notified by his commander that he was recommend his discharged for a pattern of misconduct in according to AFI 36-3208, Administrative Separation of Airmen, Chapter 4, paragraph 5.50.2. The commander recommended the applicant’s service be characterized with a General (Under Honorable Conditions) discharge. The applicant consulted counsel and submitted a statement on his behalf. The Deputy Staff Judge Advocate reviewed the case and found it legally sufficient. On 23 Jun 05, the discharge authority directed a General (Under Honorable Conditions) discharge without probation and rehabilitation. On 24 Jun 05, the applicant was furnished a General (Under Honorable Conditions) discharge, and was credited with 2 years, 1 months, and 26 days of active service. The applicant’s DD Form 214 reflects the following Air Force Medals and/or Ribbons: - National Defense Service Medal - Global War on Terrorism Service Medal - Air Force Training Ribbon On 5 Sep 14, the Air Force Discharge Review Board advised the applicant that a review of his request to upgrade his characterization of service to honorable was not warranted. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The applicant’s request is untimely as more than 9 years has passed since his discharge. The AFGCM is awarded only to enlisted personnel for “exemplary conduct” (exemplary behavior, efficiency, and fidelity), while on active military service of the United States. Members must have demonstrated a positive attitude towards the Air Force and their job. Qualifying periods of service: each 3 years completed on or after 1 Jun 63; for the first award only. Award of the AFGCM is automatic unless denied by the unit commander. The applicant provided a copy of his Administrative Discharge Package, Legal Review which was signed by the Deputy Staff Judge Advocate. In paragraph 3 of this letter it states: “… He is entitled to wear the Air Force Good Conduct Medal…” However, they find this to be an error. The applicant does not meet the criteria for the time in service and his records contain multiple adverse actions that do not coincide with the criteria for the award of the AFGCM. Based on these facts the applicant is ineligible for the award of the AFGCM. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant’s counsel on 17 Feb 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2014-04217 in Executive Session on 18 Aug 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04217 was considered: Exhibit A. DD Form 149, dated 8 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 24 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 15.