RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02909

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

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

	a.   Armed Forces Expeditionary Medal

b. Foreign service in the  XXX.

APPLICANT’S CONTENTIONS

His deployment to XXX is not reflected on his DD Form 214.  He should also be awarded the Armed Forces Expeditionary Medal.
The applicant did not provide any documentation in support of his appeal. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).

On 13 September 1994, according to DD Form 214, the applicant entered the Regular Air Force and on 20 August 1998, the applicant was discharged.  He served 3 years, 11 months and 7 days on active duty.  He was not credited with Foreign Service.

On 4 and 5 March 2014, the Air Force Board for Corrections of Military Records (AFBCMR) considered and denied the applicant’s request for Foreign Service in the XXX and award of the Kuwait Liberation Medal (BC-2013-02553).  The Board noted the applicant did not provide any evidence to substantiate his request.  Therefore, the Board concluded the applicant had not been the victim of an error or injustice.

On 12 September 2019, the AFBCMR reviewed the applicant’s request that his record reflect Foreign Service in the XXX and determined he provided no new evidence; therefore, his application did not meet the criteria for reconsideration. 

On 26 October 2019, the Air Force Personnel Center (AFPC) Recognition Team advised the applicant they were unable to verify award of the Armed Forces Expeditionary Medal.  They asked the applicant to provide any source documents, such as a travel voucher, AF Form 7, Airman Military Record, AF Form 104, Service Medal Award Verification, and/or evaluation reports placing him in the area of responsibility within 30 days of the date of this letter.

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

APPLICABLE AUTHORITY/GUIDANCE

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service. 

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Armed Forces Expeditionary Medal.  According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, the Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 July 1958, 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.

After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the Armed Forces Expeditionary Medal.  Correspondence was sent to the applicant on 26 October 2019, requesting additional documentation to possibly administratively correct the record; however, a response was not received as of the date of this memorandum.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

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 relating to award of the Armed Forces Expeditionary Medal.  Regarding the applicant’s request that his Foreign Service in the XXX be added to his DD Form 214, the Board notes in accordance with the applicable authority above, the DD Form 214 does not include a provision for Foreign Service locations.  Furthermore, the applicant has not provided evidence to validate overseas service in the XXX. 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-2019-02909 in Executive Session on 19 May 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 30 April 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.