RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02723

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED:  NO 

APPLICANT’S REQUEST

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

1.  Award of the Armed Forces Expeditionary Medal – Administratively Corrected.

2.  Time served and awards/decorations for service in XXX.

APPLICANT’S CONTENTIONS

He participated in the defense of XXX from 20 December 1989 to 20 January 1990.  He also participated in XXX from 1 September 1992 to 7 December 1992.  Further, he responded to and performed in the clean-up at the XXX, RXXX from 5 April 1986 to 10 April 1986.
  
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

According to DD Form 214, the applicant entered active duty on 12 March 1975.  He served as a Fuel Craftsman.  On 31 March 1995, the applicant was released from active duty and retired on 1 April 1995.  He served 20 years and 19 days of total active duty and credited with 9 years and 5 days of foreign service.

On 12 August 2019, AFPC/DP3AM advised the applicant that after a thorough review of his official military personnel record and the documentation provided, they were able to verify and confirm boots on ground foreign service time in the XXX, from 5 April 1986 to 10 April 1986, for six days; XXX, from 20 December 1989 to 20 January 1990, for one month and one day; XXX, from 1 September 1992 to 7 December 1992, for three months and seven days. The amount of foreign service time reflected on his DD Form 214 is correct; therefore, a correction is not needed.  He was further advised that since specific locations are not annotated on a member’s DD Form 214, this letter could be used as proof of “boots on ground” for the XXX.

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 in regard to the Korean Defense Service Medal.  After a thorough review of the applicant’s official military personnel record and provided documentation to possibly provide administrative relief, AFPC/DP3SP was able to verify award of the Armed Forces Expeditionary Medal, Southwest Asia Service Medal with one Bronze Service Star, and the Kuwait Liberation Medal-Kuwait.  Accordingly, the applicant’s record will be administratively corrected.  However, they were unable to verify award of the Korean Defense Service Medal as the applicant’s temporary duty was less than the 30 consecutive days or 60 non-consecutive days and they were unable to verify the applicant was engaged in actual combat during an armed engagement.  The applicant served six days in Korea; therefore the applicant is ineligible for award of the Korean Defense Service Medal.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

Air Force Manual 36-2806, Awards and Memorialization Program, 10 June 2019

A14.12. Korean Defense Service Medal was authorized by 10USC § 9286, to recognize qualifying members of the U.S. Armed Forces who have served in the Republic of Korea subsequent to 28 July 1954. 
A14.12.1. Eligibility.
A14.12.1.1. Service must have been in support of the defense of the Republic of Korea. 
A14.12.1.2. The medal is awarded to members who, during the period of the award, were permanently assigned, attached, or detailed for 30 consecutive or 60 non-consecutive days to a unit operating in the area of eligibility or who met one of the following criteria, regardless of time spent in the area of eligibility: 
A14.12.1.2.1. Was engaged in actual combat during an armed engagement. 
A14.12.1.2.2. While in the line of duty was killed, or was wounded or injured and medically evacuated from the area of eligibility. 
A14.12.1.3. Aircrew members accrue 1 day of eligibility for each day they fly into, out of, within, or over the area of eligibility. 
A14.12.1.4. Members who serve in operations and exercises conducted in the area of eligibility are eligible for the medal provided the basic time criteria is met. Due to the extensive period of the award, the non-consecutive service period for eligibility remains cumulative throughout the entire period. 
A14.12.1.5. Members who qualified for the Armed Forces Expeditionary Medal by reason of service between 1 October 1966 to 30 June 1974, in an area for which the Korea Defense Service Medal was subsequently authorized, remain eligible for both the Korea Defense Service Medal and Armed Forces Expeditionary Medal. Award of the Korea Defense Service Medal for this time period is a one-time exception to policy.

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 20 October 2021 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 correction 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-2019-02723 in Executive Session on 19 April 2022:

, 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 1 May 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 October 2021.

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.