RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-03209

xxxxxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, during his service in the Regular Air Force, to reflect the following:

	a. Armed Forces Expeditionary Medal (administratively corrected)
	b. Korean Defense Service Medal (administratively corrected)
	c. Air Force Overseas Ribbon – Short Tour 
	d. Air Force Training Ribbon
	e. Air Force Longevity Service Award 
	f. Republic of Korea Presidential Unit Citation

APPLICANT’S CONTENTIONS

He was stationed at XXXXXX through 14 Feb 70.  Sometime during that period, the unit was renamed Det 1, 6922d Security Wing, which his record does not reflect.  In addition, according to DoDM 1348.33, Manual of Military Decorations and Awards, he qualifies for the Armed Forces Expeditionary Medal and the Korean Defense Service Medal.  His service also makes him eligible for the Air Force Overseas Ribbon – Short Tour since he was in Korea for 12 months and 24 days.  He is also eligible for the Air Force Training ribbon because he completed Air Force Basic Training in 1968, and the timeframe should not be a factor because he met the criteria.  Additionally, he is eligible for the Air Force Longevity Service Award ribbon for successful completion of an aggregate total of four years of honorable active service.  Finally, his service in Korea makes him eligible for the Republic of Korea Presidential Unit Citation.  Regardless of the time elapsed, the awards should still be granted.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Army master sergeant (E-8).   

On 16 Feb 68, the applicant entered the Regular Air Force.

On 9 Dec 71, the applicant was furnished an honorable discharge and credited with 3 years, 11 months, and 27 days active service, of which 1 year and 24 days was foreign and/or sea service.

On 18 Nov 19, AFPC/DP2STM notified the applicant of the administrative correction of his records and provided a copy of his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, showing award of the Armed Forces Expeditionary Medal and Korean Defense Service Medal.

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 application.  The applicant’s requests for award of the Armed Forces Expeditionary Medal and the Korean Defense Service Medal were administratively corrected.  However, they were unable to verify award of the Air Force Overseas Ribbon – Short Tour, the Air Force Training Ribbon, the Air Force Longevity Service Award, and the Republic of Korea Presidential Unit Citation.

Per Air Force Manual 36-2806, Awards and Memorialization Program, the guidance for the medals requested by the applicant follows:

The Air Force Overseas Ribbon (Short and Long Tour) was established on 12 Oct 80 to recognize completion of an overseas tour.  The ribbon was authorized to be awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80.  Only individuals serving on active duty as of 6 Jan 86 are eligible to have the Air Force Overseas Ribbon applied retroactively for completion of an overseas tour.

The Air Force Training Ribbon is awarded to Air Force members on completion of initial accession training after 14 Aug 74.  In Dec 86, the criteria expanded and authorized the ribbon to anyone who was on active duty in Dec 86, regardless of when they completed initial accession training.

The Air Force Longevity Service Award is authorized for active duty personnel based on an aggregate of 4 years of honorable active federal military service with any branch of the U.S. Armed Forces or Reserve components.

The Republic of Korea Presidential Unit Citation was awarded to certain units of the United Nations Command for service in Korea, as well as certain units of U.S. Armed Forces participating in disaster relief operations in 72.

The applicant’s Air Force service dates were from 16 Feb 68 to 9 Dec 71, prior to the authorization date for award of the Air Force Overseas Ribbon and the Air Force Training Ribbon.  During this period, the applicant was on active duty for 3 years, 11 months and 27 days, which does not meet the 4 years of creditable service criteria for the Air Force Longevity Service Award.  Also, they was unable to verify award of the Republic of Korea Presidential Unit Citation, as they could not verify the applicant was assigned or attached to a unit of the United Nations Command.

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 7 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, other than the administrative corrections made to his record, 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-2018-03209 in Executive Session on 19 Nov 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, w/atchs, dated 10 Aug 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 6 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 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.