RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04692

XXXXXXXXXXXXX	COUNSEL:XXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect that he was awarded the Air Force Commendation Medal.

APPLICANT’S CONTENTIONS

He received an Air Force Commendation Medal after he separated from the service; however, it is not listed in his records. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4) who served in the Regular Air Force from 7 Aug 89 to 6 Dec 96.  

On 20 Aug 20, the Air Force Personnel Center (AFPC) Recognition Team informed the applicant they were unable to verify award of the Air Force Commendation Medal.  They invited the applicant to provide source documents such as a special order or a signed certificate and citation with an official seal. They also informed the applicant he should send any documentation to AFPC within 30 days of the date of their letter. After 30 days, the case would be referred to the Board.

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Air Force Commendation Medal.  According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, the Air Force Commendation Medal was established by the Secretary of the Air Force on 24 Mar 58 and announced in Department of the Air Force General Orders No. 16, dated 28 Mar 58. The medal is awarded to any Service member, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by meritorious achievement or service, valor or heroism. The medal is awarded to U.S. and foreign military personnel in the grade of O-6 and below. It may be awarded for achievement, service, or heroism that does not rise to the level of the Bronze Star Medal. It may also be awarded for heroism that does not rise to the level of the Airman’s Medal. The medal may also be awarded for sustained meritorious performance by crewmembers. 

After a thorough review of the applicant’s official military record, they were unable to verify eligibility of the Air Force Commendation Medal.  In addition, on 26 Aug 20, they requested  additional documentation from the applicant in order to possibly administratively correct his official record but a response from the applicant had not been received.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

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 22 Oct 21 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.

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-2017-04692 in Executive Session on 17 Feb 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 19 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records. Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 27 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 Oct 21.

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.