RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04103

XXXXXXXXXXX	COUNSEL: XXXXX
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, dated 25 Sep 05, be corrected to reflect the following awards:

a.	Air Reserve Forces Meritorious Service Medal with one Bronze Oak Leaf Cluster

b.	Global War on Terrorism Service Medal (Pending administrative correction)

APPLICANT’S CONTENTIONS

When she compared the awards and decorations on her DD Form 214 against her vMPF awards and decorations information printout, she noticed not all her awards were listed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Regular Air Force airman first class (E-3).  

On 25 Sep 05, according to DD Form 214, the applicant was honorably discharged and credited with four years of active service.  Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service), reflects: Air Force Training Ribbon; National Defense Service Medal; Air Force Outstanding Unit Award, with one Bronze Oak Leaf Cluster; Air Force Longevity Service Award; Armed Forces Reserve Medal; and Air Reserve Forces Meritorious Service Medal.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the award for the Air Reserve Meritorious Service Medal, with one Bronze Oak Leaf Cluster.  According to Air Force Manual (AFMAN) 36-2806, Awards and Decorations Program, paragraph A14.20.1, the Air Reserve Forces Meritorious Service Medal is awarded on or after 1 Apr 65, for four continuous years of service, on or after 1 Jul 75, for three continuous years of service, to recognize exemplary behavior, efficiency, and fidelity in an enlisted status in the Air National Guard and Air Force Reserve.  The applicant’s record indicates she served four years and was awarded the basic medal; however she is not eligible for the Bronze Oak Leaf Cluster because she did not serve more than four years; rendering her ineligible.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

Notwithstanding the above, they were able to verify award of the Air Force Training Ribbon, National Defense Service Medal, Air Reserve Forces Meritorious Service Medal, Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster, Air Force Longevity Service Award, and the Armed Forces Reserve Medal, as currently annotated on the applicant’s DD Form 214.  In addition, they were able to verify award of the Global War on Terrorism Service Medal.  Accordingly, the applicant’s record will be administratively corrected following Board proceedings.

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 5 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.  The Board concurs with the 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 corrections 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-2019-04103 in Executive Session on 19 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/atch, dated 1 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 10 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 5 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.