RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04298 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the following: He was awarded the Air Force Commendation Medal (AFCM). He was awarded the Noncommissioned Officer Professional Military Education Graduate Ribbon (NCOPMEGR) (Will be administratively corrected). He was separated in the grade of Sergeant (Sgt, E-4) instead of Senior Airman (SrA, E-4). APPLICANT CONTENDS THAT: The AFCM and his Sgt grade were awarded after his DD Form 214 was issued. He does not know why the NCOPMEGR is not listed on his DD Form 214 as it reflects he completed the NCO Preparatory course. In support of his requests the applicant provides a copy of his Certificate of Appointment for NCO status dated 1 Sep 86 and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 1 Oct 82, the applicant entered the Regular Air Force and was honorably released on 25 Jul 86 in the grade of SrA. The remaining relevant facts pertaining to this application are contained in the memorandums provided by the Air Force offices of primary responsibility which are at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends approval of the applicant’s request to correct his records to reflect he was awarded the AFCM. The AFCM is awarded to members of the Armed Forces of the United States, below the grade of colonel and foreign military personnel, who, while serving in any capacity with the Department of the Air Force after 28 Mar 58, distinguish themselves by outstanding achievement or meritorious service. The applicant supplied what appears to be an authentic copy of a citation and signed certificate for the inclusive period from 1 Oct 85 to 15 Jul 86. A duplicate copy was located in the applicant’s official military personnel record. However, DPSID was unable to locate a special order for award of the AFCM. The special order is the official source documentation for award of the AFCM. Based on a review of the applicant’s official military personnel record, DPSID was able to determine that the applicant should have been awarded the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1 BOLC) and the NCOPMEGR during his service from 1 Oct 82 to 25 Jul 86. Upon the final Board decision, AFPC/DPSOR will administratively correct the applicant’s records to reflect these awards. A complete copy of the DPSID evaluation, with attachment, is at Exhibit C. AFPC/DPSOE recommends denial of the applicant’s request to change his grade on his DD Form 214 to Sgt. The applicant chose to separate before wearing the grade of SrA for 12 months; therefore he did not meet the requirements necessary to achieve NCO status and the grade designation of Sgt. On 1 Jun 76, the E-4 designation was as both a SrA and Sgt. Air Force leadership determined that in order to become an NCO, a SrA must first serve on active duty in that grade for one year, attend the NCO Preparatory course and be recommended by their commander. It was an appointment, not a promotion, and did not change the pay grade or rate of pay. Based on the applicant’s Date of Rank (DOR) to the grade of SrA of 1 Oct 85, he would not have been eligible for appointment of NCO status until 1 Sep 86 [sic]. DPSOE assumes his name appeared on a list of SrA that were coming up on their 12 month Time-in-Grade (TIG) and the certificate of appointment for NCO status was printed prior to his separation. The certificate holds no merit as he was no longer serving on active duty on the date the NCO status was to become effective. A complete copy of the DPSOE evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 10 Feb 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. However, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant changing the applicant’s grade to Sgt on his DD Form 214. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOE and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant award of the AFCM. Having carefully reviewed this application, we agree with the recommendation of AFPC/DPSID and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of an error or injustice. Therefore, in addition to the administrative corrections to award the AFOUA w/1 BOLC and the NCOPMEGR, we recommend the applicant’s records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Air Force Commendation Medal (AFCM) for meritorious service for the period 1 October 1985 to 15 July 1986. The following members of the Board considered AFBCMR Docket Number BC-2014-04298 in Executive Session on 10 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Oct 14, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 31 Dec 14. Exhibit D. Memorandum, AFPC/DPSOE, dated 20 Jan 15. Exhibit E. Letter, SAF/MRBR, dated 10 Feb 15.