RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02978

	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board consider his request for award of the Air Force Longevity Service Award and the Armed Forces Reserve Medal.

RESUME OF THE CASE

The applicant is a former Air Force sergeant (E-4) who served in the Regular Air Force from 26 Sep 68 to 26 May 72.  He was credited with 3 years, 8 months, and 1 day of active service.

On 6 May 19, the applicant submitted a DD Form 149, Application for Correction of Military Record, requesting award of the Air Force Longevity Service Award, the Republic of Vietnam Gallantry Cross, and the Armed Forces Reserve Medal.

On 10 Jul 19, AFBCMR staff notified the applicant 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 if AFPC was unable to resolve his request, they would resubmit his application to the AFBCMR.

On 9 Oct 21, the Board received an AFPC/DP3SP advisory opinion stating they were able to verify award of the Republic of Vietnam Gallantry Cross with Palm and would administratively correct the applicant’s record.  In view of the applicant’s original contention and concerns expressed in his 6 May 19 application, the AFBCMR staff reopened his case in order for the Board to consider award of the Air Force Longevity Service Award and the Armed Forces Reserve Medal.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for award of the Air Force Longevity Service Award and the Armed Forces Reserve Medal.  Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A14.28, the Air Force Longevity Service Award is authorized for active duty personnel based on an aggregate of 4 years of honorable active federal military service with any branch of the U.S. Armed Forces or Reserve component.

According to paragraph A14.16, the Armed Forces Reserve Medal was established by Executive Order (E.O.) 10163, as amended by E.O. 10439 and E.O. 13013, to recognize Service members or former Service members of the Reserve Components of the Military Services who have completed a total of 10 years of honorable military service in the Reserve Components; been called to active duty and served under specific statutory conditions; or volunteered and served on active duty in support of designated U.S. military operations or contingencies.

The applicant’s time of active duty was only 3 years, 8 months, and 1 day rendering him ineligible for award of the Air Force Longevity Service Award and the Armed Forces Reserve Medal.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

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 10 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).  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, aside from the administrative correction that will be made to the applicant’s records, 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-2019-02978 in Executive Session on 30 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, dated 6 May 19.
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 20 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.