RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-03595

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Armed Forces Expeditionary Medal be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

RESUME OF THE CASE

On 30 Sep 00, the applicant retired in the grade of technical sergeant (E-6). 

On 19 Aug 18, the applicant submitted a DD Form 149, Application for Correction of Military Record, requesting the Armed Forces Expeditionary Medal be added to his DD Form 214 for serving during Operation SOUTHERN WATCH in Sep 97.  The applicant did not submit any evidence with his application (Exhibit A). 

On 25 Jan 19, AFBCMR staff notified the applicant he failed to exhaust or did not indicate he exhausted other administrative avenues of relief prior to requesting relief from the AFBCMR.  Subsequently, his request was forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action.  The applicant was informed if AFPC was unable to resolve his request, they would resubmit it to the AFBCMR on his behalf  (Exhibit C).

On 12 Nov 20, the AFPC Recognition Team notified the applicant they were unable to verify award of the Armed Forces Expeditionary Medal.  He was also informed if he did not provide evidence placing him in the area of responsibility and for how long, his request would be referred back to the AFBCMR for adjudication (Exhibit D).

On 2 Oct 21, the Board received an AFPC/DP3SP advisory opinion.  In view of the applicant’s original contention and concerns expressed in his 18 Aug 18 application, the AFBCMR staff reopened his case in order for the Board to consider his request to add the Armed Forces Expeditionary Medal to his DD Form 214 (Exhibit E).

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  On 12 Nov 20, correspondence was sent to the applicant requesting additional documentation to possibly administratively correct the applicant’s official record and award the Armed Forces Expeditionary Medal.  Unfortunately, the letter was returned undeliverable with no forwarding address.  Accordingly, they are not able to administratively correct the official record due to insufficient documentation to verify the Armed Forces Expeditionary Medal.  Per Air Force Manual 36-2806, Awards and Memorialization Program, the Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 Jul 58, participated in U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.  The Joint Chiefs of Staff designates operations that qualify for the Armed Forces Expeditionary Medal, specifies the degree of participation required, and defines the area of operations.  Absent additional documentation verifying the applicant meets the established eligibility criteria, the Armed Forces Expeditionary Medal is unable to be awarded. 

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 Oct 21 for comment (Exhibit F), 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, 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-2018-03595 in Executive Session on 21 Apr 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	 Record of Proceedings, dated 18 Aug 18.
Exhibit B:	 Relevant excerpts from official records.
Exhibit C:	 Letter, SAF/MRBC to applicant, dated 25 Jan 19.
Exhibit D:	 Letter, AFPC Recognition Team to applicant dated 12 Nov 20.
Exhibit E:	 Advisory opinion, AFPC/DP3SP, dated 2 Oct 21. 
Exhibit F:	 Notification of advisory, SAF/MRBC to applicant, dated 28 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.