RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04607

XXXXXXXXXX	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.	Small Arms Expert Marksmanship Ribbon (administratively corrected)
b.	Air Medal (AM)

APPLICANT’S CONTENTIONS

He has a special-order verifying award of the Small Arms Expert Marksmanship Ribbon.  In addition, he received a letter from Pacific Air Forces indicating that while stationed at Clark Air Base he should have received an Air Medal citation for sustained activity.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force sergeant (E-4).  

According to Special Order X-XX, dated 1 Jun 67, provided by the applicant, he was awarded the Expert Marksmanship Ribbon for small arms qualification. 

On 2 May 70, according to DD Form 214, the applicant received an honorable discharge having served 3 years, 11 months and 24 days total active service.  He was also credited with 2 years and 4 days of Foreign Service.   

On 14 Jan 20, the Air Force Personnel Center Recognition Team advised the applicant that after a thorough review of his official military personnel record verification was made for his award of the Small Arms Expert Marksmanship Ribbon.  In addition, his records will be updated to reflect award of the Air Force Good Conduct Medal.  Lastly, the applicant was requested to provide additional documentation to substantiate award of the Air Medal.  

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 Air Medal.  Based on official records and the documentation provided by the applicant, verification could not be made for this award.  Moreover, the applicant did not provide any additional documentation verifying his eligibility for award of the Air Medal.   

Per Air Force Manual 36-2806, Awards and Memorialization Program, the Air Medal was authorized by Executive Order (EO) 9158, 11 May 42, as amended by EO 9242-A, 11 Sep 42.  The medal is awarded to any person who, while serving in any capacity with the Air Force, distinguishes himself or herself by meritorious achievement while participating in an aerial flight. In regard to eligibility, the medal may be awarded for combat or non-combat action in recognition of single acts of valor, heroism, or merit while participating in an aerial flight. Both heroism and achievement are entirely distinctive, involving operations that are not routine.

Although the applicant provided a memorandum from the Department of the Air Force Headquarters Seventh Air Force, undated, indicating he may have been awarded the Air Medal, absent the order/citation/certificate verification of the award could not be made.

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 regarding award of the Air Medal.  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, 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 for award of the Air Medal 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-2019-04607 in Executive Session on 14 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, w/atchs, dated 3 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 11 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.