RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01619

xxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded the following:

a. Air Force Outstanding Unit Award, with one Bronze Oak Leaf Cluster.

b. National Defense Service Medal.

c. Small Arms Expert Marksmanship Ribbon.

d. Good Conduct Medal (Will be administratively corrected).

RESUME OF THE CASE

The applicant is a former Air Force senior airman (E-4), who served in the Regular Air Force from 17 Jan 75 through 19 Oct 77.

On 2 Nov 18, the applicant submitted a DD Form 149, Application for Correction of Military Records, requesting award of the Air Force Outstanding Unit Award, with one Bronze Oak Leaf Cluster; the Air Force Good Conduct Medal; the National Defense Service Medal; and the Small Arms Expert Marksmanship Ribbon.  He contends his DD Form 214, Report of Separation from Active Duty, does not reflect all the awards and decorations given during his time in the service.

On 2 Apr 19, AFBCMR staff notified the applicant his requests were 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, his application would be resubmitted to the AFBCMR.

On 13 Jan 20, the AFPC Recognition Team informed the applicant they were able to verify his eligibility for award of the Air Force Good Conduct Medal.  However, they were unable to verify award of the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster, the National Defense Service Medal, and the Small Arms Expert Marksmanship Ribbon.  They informed the applicant although he provided documents with his application to the Board, they did not support his request.  They invited the applicant to provide source documents such as AF Form 104, Service Medal Award Verification, AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, AF Form 7, Airman Military Record, and/or evaluation reports verifying his eligibility.  They also informed the applicant he should send evidence to AFPC within 30 days of the date of their letter or the case would be referred to the Board.

APPLICABLE AUTHORITY

According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A10.4, the Air Force Outstanding Unit Award was established by the Secretary of the Air Force on 6 Jan 54, to recognize numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  The Air Force Outstanding Unit Award may also be awarded for achievements of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. Eligibility.  The Air Force Outstanding Unit Award is awarded to numbered units such as air forces, air divisions, wings, groups, squadrons, provisional units, and medical facilities (i.e. hospitals, clinics, medical centers (numbered or unnumbered)). Detachments, operating locations, training sites, and Air Force elements are often included in the parent unit’s award; however, they may be considered on their own merit or identified by the parent unit to share in the award, but not both. Unnumbered units may not be nominated for the Air Force Outstanding Unit Award; however, they may be submitted for the Air Force Organizational Excellence Award. Units below squadron level are not eligible for the Air Force Outstanding Unit Award.  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the award of the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster, the National Defense Service Medal, and the Small Arms Expert Marksmanship Ribbon.  Per AFMAN 36-2806, paragraph A14.3.1.1, the National Defense Service Medal may be awarded to members of the U.S. Armed Forces, to include the U.S. Coast Guard, who are on active duty; members of the Selected Reserve in good standing; members of other than the Selected Reserve called to active duty; cadets in the Air Force Academy; and Air Force members who have completed Air Force Basic Training.  The term “Selected Reserve” is defined by 10 U.S.C. § 10143.  The medal is not authorized for award to discharged or retired members who did not serve during one of the time periods for which the medal is authorized, members of the Individual Ready Reserve, Inactive National Guard, or Standby Reserve unless activated under 10 U.S.C. § 12301, 12302 or 12304, or Reserve Officer Training Corps cadets and members called to active duty for the sole purpose of undergoing a physical examination, for training only, or to serve on boards, courts, or commissions.  Unfortunately the applicant’s service from 17 Jan 75 through 18 Oct 77, is outside the authorized periods for award of the National Defense Service Medal.  The National Defense Service Medal is authorized for the following wars/conflicts:

Korean War – 27 Jun 50 to 27 Jul 54
Vietnam Conflict – 1 Jan 61 to 14 Aug 74
Gulf War – 2 Aug 90 to 30 Nov 95
War on Terrorism – 11 Sep 01 to date to be determined

According to paragraph A14.33.2, the Small Arms Expert Marksmanship Ribbon is awarded to Regular Air Force, Air National Guard and Air Force Reserve members, who, after 1 Jan 63, qualify as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on the Air Force qualification course, an appropriate orientation course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle Program.  Members who, after 22 Jun 72, qualify as “Expert” with both the M-16 rifle (or M-4 or GAU-5) and an issued handgun, wear a bronze service star on the ribbon.  The AF Form 522, or a letter from the small arms marksmanship monitor is used as the source documentation for this award.  Members who qualify as “Expert” provides a copy of the AF Form 522 or letter to the manpower and personnel flight for update in the member’s personnel record.

Correspondence was sent to the applicant on 13 Jan 20, requesting additional documentation to possibly administratively correct his official record; however, as of the date of their advisory, they have not received additional documentation from the applicant.   To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

Notwithstanding the above, they were able to verify award of the Air Force Good Conduct Medal.  Accordingly, the applicant’s record will be administratively corrected.

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 12 Oct 21 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 applicant contends he qualified for the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster, the National Defense Service Medal, and the Small Arms Expert Marksmanship Ribbon.  However, he has not provided evidence he meets the criteria for the aforementioned awards per AFMAN 36-2806.  Therefore, the Board 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, other than the administrative correction that will be made to the applicant’s 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-2019-01619 in Executive Session on 16 Jun 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 2 Nov 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 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.