RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01750

xxxxxxxxxxxxxxx	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 30 Sep 10, be corrected to show he was awarded the following:

a. Afghanistan Campaign Medal. (Pending administrative correction)

b. North Atlantic Treaty Organization (NATO) Medal.

APPLICANT’S CONTENTIONS

He served in Afghanistan; however, his DD Form 214 does not reflect the Afghanistan Campaign Medal and the NATO Medal.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4).

On 4 Jan 10, Special Order XX-XXXX, provided by the applicant, was published naming the applicant as a member deploying to XXXXX, XXXXX for participation in Operation XXXXXXXX XXXXXXX, with a proceed on or about date of 18 Jan 10 for 179 days.

On 30 Sep 10, according to the DD Form 214, the applicant was released from active duty.  He was credited with 20 years and 22 days of active service including 4 years, 3 months, and 29 days of Foreign Service.

In correspondence to the AFBCMR dated 11 Dec 19, AFPC/DP2WR verified the applicant was deployed to Afghanistan from 18 Jan 10 to 26 Jul 10 for 195 days.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibits C and E.

APPLICABLE AUTHORITY

Department of Defense Manual (DoDM) 1348.33, Manual of Military Decorations and Awards.  The following are DoD approved NATO Medals for acceptance and wear for service in Afghanistan:

NATO Non-Article 5 Medal for service in NATO-led International Security Assistance Force (ISAF) Operations in Afghanistan from 1 Jun 03 through 31 Dec 14.

NATO Non-Article 5 Medal for service in the North Atlantic Council approved resolute support mission in Afghanistan from 1 Jan 15 through 10 Sep 21.

AIR FORCE EVALUATION

AFPC/DP3AM recommended denying the applicant’s request for Foreign Service credit in Afghanistan.  A review of the applicant’s military personnel record and documentation provided failed to provide any documents that substantiate Foreign Service in Afghanistan.

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 20 Nov 19 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the NATO Medal.  In accordance with Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, NATO Campaign and Service Medals are authorized by the NATO Secretary General to recognize qualifying participation in specific NATO operations and actions. The NATO medal is normally awarded to qualifying members before their departure from service with NATO by a theater commander who has been delegated NATO medal award authority. U.S. Air Force commanders are not authorized to award a NATO medal to members unless specifically delegated award authority by the NATO Secretary General or NATO Supreme Allied Commander Europe. Requests for award of a NATO medal already approved by DoD are routed through Director of Personnel, U.S. Air Forces in Europe to the Supreme Headquarters Allied Powers Europe J-1 for approval. Air Force members are only authorized to wear a NATO medal awarded for actions or operations approved by the Department of Defense. 

After a thorough review of the applicant’s official military personnel record and provided documentation, they were unable to verify the applicant supported an official NATO operation for award of the NATO Medal. On 12 Oct 21, correspondence was sent to the applicant requesting additional documentation to possibly administratively correct the record; however, a response has not been received.  To grant relief would be contrary to the criteria established by DoDM 1348.33 and AFMAN 36-2806.

Notwithstanding, they were able to verify award of the Afghanistan Campaign Medal. Accordingly, the applicant’s records will be administratively corrected.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Oct 21 for comment (Exhibit F), 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.  AFPC/DP3AM indicated the applicant failed to provide any documents that substantiate Foreign Service in Afghanistan. Conversely, AFPC/DP2WR subsequently verified the applicant was deployed to Afghanistan from 18 Jan 10 to 26 Jul 10 for 195 days.  Notwithstanding, neither the applicant’s record, nor his submission includes evidence he qualifies for award of the NATO Medal.  Therefore, 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.  Accordingly, other than the administrative correction that will be made to the applicant’s record, the Board finds the application untimely and recommends against correcting the applicant’s records beyond that corrected 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 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-2019-01750 in Executive Session on 21 Jul 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 11 Jan 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3AM, dated 20 May 19.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 Nov 19.
Exhibit E:	Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Oct 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.