RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00522

XXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the Presidential Unit Citation.

APPLICANT’S CONTENTIONS

The Presidential Unit Citation is missing from his DD Form 214.  He was assigned to Detachment 1, 834th Division and they received the award.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 14 Oct 70, the applicant was honorably discharged and credited with 2 years, 3 months, and 24 days of total active service.  His DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded to Authorized), indicates he was awarded the National Defense Service Medal  and the Vietnam Service Medal.

On 29 Mar 19, the AFBCMR staff notified the applicant that his request was forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action.  Based on foregoing, the applicant’s case was closed.  The applicant was also notified that if AFPC was unable to resolve his requests, they would resubmit his application to the AFBCMR (Exhibit C). 

On 2 Oct 21, the Board received an AFPC/DP3SP advisory opinion stating they were unable to verify award of the Presidential Unit Citation.  In view of the applicant’s contention and concerns expressed in his 3 Oct 18 application, the AFBCMR staff reopened his case in order for the Board to consider the award of the Presidential Unit Citation (Exhibit D).

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denial.  According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, 10 Jun 19, A10.1, the Presidential Unit Citation, (formerly named the Distinguished Unit Citation prior to 1965), established by Executive Order 10694, is the Nation’s highest unit award.  It is awarded in the name of the U.S. President to units of the U.S. Armed Forces and cobelligerent nations, for extraordinary heroism in action against an armed enemy on or after 7 Dec 41.  The unit must have displayed such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions to have set it apart and above other units participating in the same campaign.  

The applicant was assigned to Detachment 1, 834th Air Division between Jan 70 and Oct 70, however, Detachment 1, 834th Air Division was awarded the Presidential Unit Citation from 21 Jan 68 to 12 May 68.  Detachment 1, 834th Air Division did not share in the award of the Presidential Unit Citation, during the award inclusive period the applicant was assigned to the unit.

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 Oct 21 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 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-2019-00522 in Executive Session on 21 Jul 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 3 Oct 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC to applicant, dated 29 Mar 19.
Exhibit D:	Advisory Opinion, AFPC/DP3SP, dated 5 Oct 21.
Exhibit E:	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.