RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02652

	COUNSEL:  

	HEARING:  NOT INDICATED

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect award of the following:

	a.  Air Force Outstanding Unit Award (AFOUA).

	b.  Global War on Terrorism Expeditionary Medal (GWOT-E).(will be administratively corrected)

	c. Air Force Overseas Ribbon-Short Tour (AFOR-ST).

2.  His record be corrected to reflect Foreign Service time in Kuwait.

APPLICANT CONTENDS THAT:

He deployed to Kuwait in support of Operations IRAQI FREEDOM and SOUTHERN WATCH; however, the aforementioned medals and deployed time are missing from his DD Form 214.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 30 Jun 99 to 29 Jun 03.  He was credited with five months of Foreign Service.  On 9 Apr 18, AFPC/DP3AM informed the applicant they were able to confirm boots on ground Foreign Service time in Kuwait, from 16 Dec 02 to 1 Jun 03, for five months.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the applicant’s request for award of the AFOUA and AFOR-ST indicating they were unable to verify the applicant was assigned or attached to a unit that received the AFOUA while assigned to the unit.  In addition, the applicant’s 167 days of Foreign Service time in Kuwait, does not meet the 181 consecutive day’s exception to policy for short tour credit; therefore, rendering the applicant ineligible for award of the AFOR-ST. 

The applicant should have been awarded the Meritorious Unit Award (MUA), Armed Forces Expeditionary Medal (AFEM), Global War on Terrorism Expeditionary Medal (GWOT-E) and the Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/BG) during his service from 30 Jun 99 to 29 Jun 03.  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DP2STM. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 May 18 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 and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP 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, aside from the administrative correction, the Board recommends against correcting the applicant’s records.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

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-2017-02652 in Executive Session on 28 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 13 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 May 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.