RECORD OF PROCEEDINGS

IN THE MATTER OF:                                DOCKET NUMBER: BC-2018-02820

XXXXXXXXXXXXX                                   COUNSEL: NONE	 

                                                                         HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

He be awarded the Armed Forces Service Medal (AFSM).

APPLICANT’S CONTENTIONS

He deployed in 1994 and 1995 in direct support of Operation DENY FLIGHT.  He was released from active duty in May 97, less than 12 months after the Executive Order (EO) was signed authorizing the creation of the award.  His DD Form 214, Certificate of Release or Discharge from Active Duty, was not updated.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4).  

The applicant’s enlisted performance report (EPR) for the reporting period ending 29 Dec 96 shows he deployed in support of Operations DENY FLIGHT, DECISIVE EDGE and JOINT ENDEAVOR.

On 25 Nov 19, the AFPC Recognition Team informed the applicant they were unable to verify award of the AFSM.  The applicant was invited to provide any additional documentation to their office within 30 days for possible administrative relief.  He was advised if additional documents were not received within 30 days, his request would be referred back to the Board for adjudication.  

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

APPLICABLE AUTHORITY

Air Force Manual 36-2806, Awards and Memorialization.  The AFSM was established to recognize service members, who on or after 1 Jun 92, participate, or have participated, in designated United States military operations and encounter no foreign armed opposition or imminent hostile action.  Members must have been permanently assigned, attached, or detailed to a unit that deployed to participate in a military operation within the area of eligibility for 30 consecutive days (or the full period when an operation is less than 30 days) or for 60 non-consecutive days.  Designated military operations that qualify for award of the AFMS include Operation DENY FLIGHT, 12 Apr 93 to 2 Dec 95 and Operation JOINT ENDEAVOR, 1 Dec 95 to 31 Dec 96.  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denial.  The orders provided did not verify a minimum of 30 consecutive days or 60 non-consecutive days of deployment.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 Jul 20 for comment (Exhibit E), 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 notes the AFPC/DP3SP advisory references an order; however, this order was not provided to the Board.  Should the applicant provide a TDY order or other documentation, the Board may be willing to reconsider his request.  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-2018-02820 in Executive Session on 24 Sep 20:

   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 8 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, AFPC Recognition Team, dated 25 Nov 19.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 26 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated, 28 Jul 20

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.