RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04951

XXXXXXXXXXX (MEMBER)	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was authorized and awarded the following:  

a.	National Defense Service Medal (NDSM).

b.	Small Arms Expert Marksmanship Ribbon with one Oak Leaf Cluster (SAEMR w/1OLC). 

c.	All earned medals, decorations, ribbons, and citations.  

APPLICANT CONTENDS THAT:

He was discharged without all his medals, decorations, ribbons, and citations being properly annotated on his DD Form 214.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 December 1995.  

On 19 October 1998, the applicant was furnished a general (under honorable conditions) discharge, and credited with 2 years, 10 months, and 7 days of total active service.  

In accordance with Air Force Instruction (AFI) 36-2803, The Air Force Military Awards and Decorations Program, the NDSM is authorized for service during the Korean Conflict (27 June 1950 to 27 July 1954); the Vietnam Conflict (1 January 1961 to 14 August 1974); the Gulf War (2 August 1990 to 30 November 1995); and the Global War on Terrorism (11 September 2001 to a date to be determined).

According to the applicant’s Military Human Resources Record (MHRR), he did not serve during the designated conflicts and associated inclusive dates authorized for award of the NDSM.  

In accordance with AFI 36-2803, the SAEMR is awarded to Air Force personnel, including Reserve components members, who, after 1 January 1963, qualify as “Expert” with either the M-16 rifle ( to include the M-4 and GAU-5) or issue handgun on the Air Force qualification course, the appropriate orientation course prescribed in other Air Force Instructions, a Sister Service’s qualification course, or who satisfactorily complete the Combat Rifle Program.  Only one ribbon will be awarded regardless of the number of times a person qualifies.  A bronze service star will be worn on the ribbon for those who, after 22 June 1972, meet award criteria with both the M-16 rifle and issue handgun.  

The applicant did not provide any documentation showing that he qualified as expert with either the M-16 rifle or handgun and there is no official documentation in his MHRR to verify his eligibility for the SAEMR.

In accordance with AFI 36-2803, request related to the issuance or replacement of medals and awards should be sent to the National Personnel Records Center, Military Personnel Records, NPRC-MPR, 9700 Page Avenue, St. Louis, MO 63132-5100 in writing or by submitting a Standard Form 180, Request Pertaining to Military Records.  Once received, NPRC will verify entitlement and annotate the awards and decorations to be sent to the applicant on a National Archives (NA) Form 13059, Transmittal of and/or Entitlement to Awards.  

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

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note 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.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.  

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-2017-04951 in Executive Session on 11 September 2018:

Panel Chair
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2017-04951:

Exhibit A:	Application, DD Form 149, w/atch, dated 9 November 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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