RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00951

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued 7 Apr 72, be corrected to reflect the following: 

	a. Presidential Unit Citation.

	b. Air Force Commendation Medal. (Will be administratively corrected)

	c. Air Force Outstanding Unit Award with Valor. (Will be administratively corrected)

APPLICANT’S CONTENTIONS

He arrived at K.I. Sawyer Air Force Base (AFB), Michigan on 24 Dec 68 and was notified that the base received the Outstanding Unit Award and the Presidential Unit Citation. He was also awarded the Air Force Commendation Medal; however, the award was not recorded on his DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

On 8 Dec 68, according to AF Form 7, Airman Military Record, the applicant was assigned to the 410th Security Police Squadron, K.I. Sawyer AFB, Michigan.

On 7 Apr 72, according to the applicant’s DD Form 214, he was released from active duty and was credited with 3 years, 8 months, and 28 days of total active 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 Presidential Unit Citation.  According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, dated 10 Jun 19, the Presidential Unit Citation is awarded in the name of the United States President to units of the United States Armed Forces and cobelligerent nations, for extraordinary heroism in action against an armed enemy on or after 7 Dec 41. The unit must have displayed such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions to have set it apart and above other units participating in the same campaign.  After a thorough review of the applicant’s official military personnel record and provided documentation to possibly provide administrative relief, they were unable to verify the applicant was assigned or attached to a unit that was awarded the Presidential Unit Citation.  To grant relief would be contrary to the criteria established in AFMAN 36-2806.

Notwithstanding the above, they were able to verify award of the Air Force Commendation Medal and the Air Force Outstanding Unit Award with Valor.  Accordingly, the applicant’s record will be administratively corrected.

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 2 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 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, 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-2019-00951 in Executive Session on 17 Mar 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 15 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 6 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 2 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.