RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02956

xxxxxxxxxxx	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

a.	Date entered active duty this period:  2 Jul 07 (Administratively Corrected.)

b.	Joint Service Commendation Medal with one Bronze Oak Leaf Cluster (JSCM w/1BOLC) (administratively corrected.) 

c.	Joint Service Achievement Medal with one Bronze Oak Leaf Cluster (JSAM w/1BOLC). 

APPLICANT’S CONTENTIONS

The JSAM w/1BOLC was not included on his DD Form 214.  In support of his request, the applicant provides copies of two JSAM certificates, with citations for meritorious achievement dated 17 Sep 14 and 20 Jul 15. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 17 Sep 14, per General Order Number D7-0204-14, provided by the applicant, he was awarded the JSAM for outstanding achievement for the period of 10 Jan 14 to 10 Jan 14 [sic.]  

Dated 29 Oct 15, the applicant’s DD Form 214, Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized reflects the JSAM.  

Dated 19 Apr 19, the applicant’s DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, Block 12a, Date Entered AD this Period, indicates the applicant’s service dates was changed from 4 Sep 10 to 2 Jul 02.

On 22 Apr 19, the AFBCMR staff notified the applicant that his request for the JSAM w/1BOLC was forwarded to AFPC for review and/or corrective action and closed his application. 

On 11 Oct 19, the Board received an AFPC/DP3SP advisory opinion.  In view of the applicant’s original contention and concerns expressed in their 21 Jul 18 application, the AFBCMR staff reopened his case in order for the Board to consider the award of the JSAM w/1BOLC.  

On 25 Nov 19, the Air Force Personnel Center Recognition Team notified the applicant his record would be administratively corrected to reflect award of the JSCM w/1BOLC.  However, they were unable to verify award of the JSAM w/1BOLC.  They invited the applicant to provide additional documentation, specifically a special order for the award 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. 

Dated 10 Jan 20, the applicant’s DD Form 215 indicates the JSCM w/1BOLC was added.  

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

AIR FORCE EVALUATION 

AFPC/DP3SP recommends denying the applicant’s request for award of the JSAM w/1BOLC as they were unable to verify the award based on the documentation in the applicants military record. Absent additional documentation (i.e. Special Order) verifying the applicant meets the established eligibility criteria, the award of the JSAM w/1BOLC is unable to be awarded.  To grant relief would be contrary to the criteria established by law, the Secretary of the Air Force per Air Force Manual 36-2806, Awards and Memorialization Program.

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 16 Oct 20, 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, aside from the administrative corrections noted above, 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-2018-02956 in Executive Session on 14 Jul 21:

, 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 21 Jul 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 12 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Oct 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.