RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00087

	COUNSEL: NONE
	
 	HEARING: NO

APPLICANT REQUESTS THAT:

Operation IRAQI FREEDOM (OIF) and the Meritorious Service Medal (MSM) be added to his discharge paperwork.

APPLICANT CONTENDS THAT:

He was awarded the MSM and has proof of the OIF ribbon, but the awards are not on his record.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a master sergeant transferred to the Reserve Retired List effective 18 Oct 06. 

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

AIR FORCE EVALUATION:

ARPC/DPTS recommends denying the application.  In accordance with AFI 36-2803, The Air Force Military Awards and Decorations Program, the applicant does not meet the established criteria for the Iraq Campaign Medal (ICM).  He was appropriately awarded the Global War on Terrorism Expeditionary (GWOT-E) Medal for his support during OIF.  The governing instruction prohibits awarding the ICM and the GWOT-E Medal for the same action, time, or period of service. There is no evidence substantiating the applicant was awarded the MSM.

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 6 Dec 17 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 ARPC/DPTS 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.  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-2017-00087 in Executive Session on 15 May 18:

 Panel Chair
 Panel Member
 Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-00087:

Exhibit A:	Application, DD Form 149, w/atchs, dated 3 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 29 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Dec 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.