RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00462

XXXXXXXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Award of the Air Force Overseas Ribbon-Short Tour.

APPLICANT’S CONTENTIONS

He believes he is entitled to receive this ribbon due to his assignment to XXXX, XXXX, from Nov 73 to Oct 74.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 30 Aug 18,  AFPC/DP3AM (Directorate of Assignments) informed the applicant they were able to verify his service in the XXXX from 20 Nov 73 to 10 Oct 74 for 10 months and 21 days. Since specific locations are not annotated on a member’s DD Form 214, he could use their letter as proof of boots-on-ground for the XXXX.  

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 the application. According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A14.25, the Air Force Overseas Ribbon (Short and Long Tour) was established on 12 Oct 80 to recognize completion of an overseas tour.  Prior to 6 Jan 86, the ribbon was awarded to Regular Air Force, Air National Guard and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80.  Regular Air Force, Air National Guard and Air Force Reserve members serving on or after 6 Jan 86, may reflect all Air Force overseas tours credited during their career. The applicant’s active duty service in the XXXX was from 20 Nov 73 to 10 Oct 74, which was prior to the authorized award period for award of the Air Force Overseas Ribbon.  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).  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-2018-00462 in Executive Session on 3 Mar 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, w/atchs, dated 26 Jan18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, w/atchs, dated 29 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.