RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03483

XXXXXXXXXXXX	COUNSEL: NONE
		
 	HEARING REQUESTED: NO 	

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to include:

a.	Good Conduct Medal (Will be administratively corrected)
b.	National Defense Service Medal 
c.	Air Force Overseas Ribbon-Short Tour 

APPLICANT’S CONTENTIONS

He feels he deserves award of the decorations because of his time in service.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 25 Sep 59, according to DD Form 214, the applicant received an honorable discharge having served 3 years, 8 months and 6 days total active service.  He was also credited with 11 months and 27 days of Foreign Service.   

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 award of the National Defense Service Medal and the Air Force Overseas Ribbon-Short Tour.  However, verification for award of the Good Conduct Medal was made after a thorough review of the applicant’s official military personnel record and provided documentation.   

Per Air Force Manual 36-2806, nomination for the National Defense Service Medal is restricted 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 USC § 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: Korean War from 27 Jun 50 to 27 Jul 54 and Vietnam Conflict from 1 Jan 61 to 14 Aug 74. 

Per Air Force Manual 36-2806, nomination for the Air Force Overseas Ribbon-Short Tour is awarded to regular Air Force, Air National Guard and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80. Regular Air Force, Air National Guard and Air Force Reserve members serving on or after 6 Jan 86, may reflect all Air Force overseas tours credited during their career.

The applicant was rendered ineligible for award of the National Defense Service Medal and the Air Force Overseas Ribbon-Short Tour because his time of active-duty service was prior to the authorized period for these awards.  

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 3 Nov 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 regarding award of the National Defense Service Medal and Air Force Overseas Ribbon-Short Tour.  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 beyond that rendered administratively.

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-2019-03483 in Executive Session on 31 May 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 1 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, w/atchs, dated 9 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 Nov 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.