RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01450

xxxxxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded the following:

a.	Air Force Commendation Medal (AFCM).
b.	Armed Forces Reserve Medal.
c.	American Defense Service Medal.
d.	American Defense Commemorative.
e.	Cold War Victory Commemorative.
f.	Overseas Service Commemorative.
g.	Honorable Discharge Commemorative.
h.	Air Force Commemorative.
i.	Armed Forces Service Medal. 
j.	Operation DESERT STORM 25th Anniversary Commemorative.
k.	Small Arms Expert Marksmanship Ribbon (No Board action required).

RESUME OF THE CASE

On 13 Dec 95, the applicant separated from the Air Force in the grade of senior airman (E-4) after serving 6 years.  He also served in the Army National Guard from 6 Jun 88 to 14 Oct 88.  

On 20 Feb 19, the applicant submitted a DD Form 149, Application for Correction of Military Record, requesting award of the AFCM, the Armed Forces Reserve Medal, the American Defense Service Medal, the American Defense Commemorative, the Cold War Victory Commemorative, the Overseas Service Commemorative, the Honorable Discharge Commemorative, the Air Force Commemorative, the Armed Forces Service Medal, the Operation DESERT STORM 25th Anniversary Commemorative, and the Small Arms Expert Marksmanship Ribbon.

On 28 May 19, the AFBCMR staff notified the applicant his requests were forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action. Based on the foregoing, the applicant’s case was closed. The applicant was also notified if AFPC was unable to resolve his requests, they would resubmit his application to the AFBCMR.

On 6 Oct 21, the Board received an AFPC/DP3SP advisory opinion stating they were able to verify award of the Small Arms Expert Marksmanship Ribbon as currently annotated on the applicant’s DD Forms 214, Certificate of Release or Discharge from Active Duty.  In view of the applicant’s original contention and concerns expressed in his 20 Feb 19 application, the AFBCMR staff reopened his case in order for the Board to consider the applicant’s requests.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying of the AFCM Medal, the Armed Forces Reserve Medal, the American Defense Service Medal, the American Defense Commemorative, the Cold War Victory Commemorative, the Overseas Service Commemorative, the Honorable Discharge Commemorative, the Air Force Commemorative, the Armed Forces Service Medal, and the Operation DESERT STORM 25th Anniversary Commemorative.   The applicant’s active duty service was from 14 Dec 89 to 13 Dec 85 [sic].

Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, sections A14.13 and A2.14, the AFCM was established by the Secretary of the Air Force on 24 Mar 58 and announced in Department of the Air Force General Orders No. 16, dated 28 Mar 58.  The medal is awarded to any Service member, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by meritorious achievement or service, valor or heroism.  In order to reasonably consider the request for award of the AFCM, the applicant will need to submit a complete decoration package to include a signed recommendation from someone with firsthand knowledge of the act/achievement, preferably from someone within the applicant’s chain of command at the time of the act/achievement, a proposed citation, (Narrative must be signed by the recommending official and the recommending official must be within their chain of command and have firsthand knowledge), and eyewitness statements.  The applicant did not provide a complete decoration package for consideration of the AFCM Medal.

Per section A14.13, the Armed Forces Service Medal was established by Executive Order (E.O.) 12985, to recognize Service members who, on or after 1 Jun 92, participate, or have participated, in designated U.S. military and encounter no foreign armed opposition or imminent hostile action.  The medal may be awarded to members who, after 1 Jun 92; participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity by the Joint Chiefs of Staff; and encounter no foreign armed opposition or imminent threat of hostile action. 

Members must have been permanently assigned, attached, or detailed to a unit that deployed to participate in a designated U.S. military operation within the area of eligibility for 30 consecutive days.  Aircrew members must have participated as a regularly assigned crew member on an aircraft flying into, out of, within, or over the area of eligibility in direct support of the designated military operation for 30 consecutive days or 60 non-consecutive days.  One day of service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.  The medal recognizes participants who deploy to the designated area of eligibility for the qualifying operation.  Outstanding or meritorious performance of non-deployed or remotely located support units and individuals does not justify awarding the Armed Forces Service Medal.  Such performance may be recognized with a decoration.  They were unable to verify the applicant participated in any military operations for award of the Armed Forces Service Medal.

Per section A15.5.1, the American Defense Service Medal was established by E.O. 8808, and announced in War Department Bulletin 17, 1941.  It is awarded for service between 8 Sep 39 and 7 Dec 41 under orders to active duty for a period of 12 months or longer.  The applicant’s dates of service are past the award inclusive period for award of the American Defense Service Medal.

According to section A14.16, the Armed Forces Reserve Medal was established by E.O. 10163, as amended by E.O. 10439 and E.O. 13013, to recognize Service members or former Service members of the Reserve Components of the Military Services who have completed a total of 10 years of honorable military service in the Reserve Components; been called to active duty and served under specific statutory conditions; or volunteered and served on active duty in support of designated U.S. military operations or contingencies.  The medal is awarded to members or former members of the Air Force Reserve Components who meet on of the following criteria: the member has completed a total of 10 years of honorable military service on one or more of the Reserve Components, including annual active duty and inactive duty training provided.  Such 10 years of service was performed within a period of 12 consecutive years.  Such service will not include service in a regular Air Force, but Service in a Reserve Component that is concurrent, in whole or part, with service in the regular Air Force will be included in computing the required 10 years of Reserve service.  They were unable to verify the applicant completed 10 years under a reserve component.

Any Commemorative Medals are primarily a celebratory display medal rather than an official award or decoration of the United States Air Force or Department of Defense.  They are not able to verify award of commemorative medals nor can they be updated on the DD Form 214, as they are not official United States Air Force or Department of Defense awards or decorations.  To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, and AFMAN 36-2806.  

Notwithstanding the above, they were able to verify the applicant was awarded the Small Arms Expert Marksmanship Ribbon, which is annotated on his Army National Guard DD Form 214, dated 6 Jun 88. Accordingly, no Board or administrative action is required.

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-2018-02329 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 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.