RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00794

XXXXXXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: NO	
APPLICANT’S REQUEST

1.  Award of the Air Force Overseas Ribbon – Short Tour

2.  Award of the Air Force Overseas Ribbon – Long Tour, with Bronze Oak Leaf Cluster.

3.  Award of the Cold War Service Medal.

APPLICANT’S CONTENTIONS

He had three overseas tours; two long tours in XXXX, and one short tour in XXXX. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 28 Feb XX, according to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, the applicant was discharged from active duty and assigned to the Retired Reserve.

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 was prior to the authorized award period for award of the Air Force Overseas Ribbon.

 The Department of the Army is the office of responsibility for the Cold War Certificate.  According to AFMAN 36-2806, paragraph 3.44, Public Law 105–85, Section 1084, established a Cold War Recognition Certificate to recognize all members of the U.S. Armed Forces and qualified Federal Government civilian personnel who faithfully and honorably served the U.S. during the Cold War Era, from 2 Sep 45 to 26 Dec 91.  The applicant may order his certificate online at https://www.hrc.army.mil/content/90e, or may write to the following address:

Commander, USAHRC
Cold War Recognition Program
Attn: AHRC-PDP-A, Department 480
1600 Spearhead Division Avenue
Fort Knox, KY 30233-5408

Based upon a thorough review of the applicant’s submission and official military personnel record, there is no evidence of an error or injustice. To grant relief would be contrary to the criteria established by Title 10, DoDM 1348.33, Manual of Military Decorations and Awards, and 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 25 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-2018-00794 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 16 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 29 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 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.