RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01198

xxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded the Air Force Outstanding Unit Award with Valor from his assignment to the XXXXXX Squadron in 1968.

RESUME OF THE CASE

Dated 4 Jun 68, AF Form 899, Request and Authorization for Permanent Change of Operation – Military, indicates the applicant was on a temporary duty (TDY) assignment to the XXXXX Squadron from 19 Jun 68 to 15 Jul 68, for 28 days.

On 23 Dec 68, AF Form 910, TSgt, SSgt, and Sgt Performance Report, indicates the applicant was assigned to the 432nd Tactical Reconnaissance Wing for the period of evaluation from 9 Jun 68 to 11 Dec 68.

On 23 Dec 68, the applicant separated from the Air Force in the grade of sergeant (E-4).   

On 20 May 18, the applicant submitted DD Form 149, Application for Correction of Military Records, requesting award of the Air Force Outstanding Unit Award with Valor.  He contended he was sent to Thailand in 1968 and noticed while he was assigned to the XXXXX Squadron, the Air Force Outstanding Unit Award with Valor was awarded during his assignment.

On 10 May 19, the AFBCMR staff notified the applicant that 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 that if AFPC was unable to resolve his request, his application would be resubmitted to the AFBCMR by AFPC.

APPLICABLE AUTHORITY

Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, section 3.36.2. states personnel and students who are on temporary duty with a unit or organization approved for a unit award are not entitled to share the unit award, unless authorized by the unit award approval authority. The approval authority determines whether the contributions of the personnel or student(s) on temporary duty significantly and directly contributed to the mission and accomplishments of the unit or organization. Approval memorandums are submitted to the servicing manpower and personnel flight.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, section A10.4 the AFOUA may be given to units who have clearly distinguished themselves and have gone above and beyond.  Furthermore, it may be awarded for achievements in national or international significance, combat operations against an enemy or military operations involved in conflict with an opposing force.  This office verifies Air Force Unit Awards with the assistance of the Sir Force Pamphlet (AFP) 900-2 Volumes 1, 2 and 3, Unit Decorations, Awards, and Campaign Participation Credits, and the Air Force Unit Award Database.  AFP 900-2 and Unit Award Database lists units and any of their subordinates, to include detachments and operating locations that share in the award.  The detachments and operating locations are listed separately if they shared in the award.  They were unable to verify the applicant was assigned or attached to the XXXXX Squadron (PACAF).  The applicant’s AF Form 910 and AF Form 899 indicates he was attached to the XXXXXX Wing for the award period; rendering him ineligible for award of AFOUA with Valor with the XXXXX Squadron or any other unit.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

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).  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.

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-2019-01198 in Executive Session on 16 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 20 Dec 18.
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.