RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02245

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 30 Jun 83, be amended to reflect the Armed Forces Expeditionary Medal (AFEM) for service in the Dominican Republic.

APPLICANT’S CONTENTIONS

He served as an enlisted security police at Ramey Air Force Base (AFB), Puerto Rico and was placed on high alert for protection of base assets.  His DD Form 214 does not reflect the AFEM.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Captain (O-3).

On 16 Oct 62, according to DD Form 4, Enlistment Record – Armed Forces of the United States, the applicant enlisted in the Regular Air Force.

According to AF Form 7, Airman Military Record, the applicant was assigned to Ramey AFB, Puerto Rico from 24 Jul 64 through 14 Jun 67.

On 15 Oct 66, according to DD Form 214, the applicant was discharged. Item 26, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, reflects: National Defense Service Medal, Air Force Good Conduct Medal, Small Arms Expert Marksmanship Ribbon.  He was credited with 4 years of active service, including 2 years, 2 months, and 28 days of Foreign Service.

On 16 Oct 66, according to DD Form 214, the applicant reenlisted in the Regular Air Force and on 15 Oct 70, he was honorably discharged.  Item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, reflects: Air Force Longevity Service Award with one Oak Leaf Cluster, Air Force Commendation Medal, and Air Force Good Conduct Medal with one Oak Leaf Cluster.  He was credited with 8 years of active duty, including 7 months and 10 days of Foreign Service.

On 16 Oct 70, according to DD Form 214, the applicant reenlisted and on 26 Mar 73, he was discharged for “Convenience of the Government” as an officer trainee.  Item 24 reflects: Air Force Commendation Medal with two Oak Leaf Clusters.  He was credited with 10 years, 5 months, and 11 days of active service.
On 27 Mar 73, according to DD Form 214, the applicant entered the Regular Air Force and on 30 Jun 83, he was honorably discharged from active duty in the grade of O-3, for the purpose of retirement.  Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, reflects: Meritorious Service Medal, Joint Service Commendation Medal, Air Force Commendation Medal with one Oak Leaf Cluster, Air Force Good Conduct Meal with two Oak Leaf Clusters, National Defense Service Medal, Air Force Longevity Service Award with four Oak Leaf Clusters, Small Arms Expert Marksmanship Ribbon. He was credited with 20 years, 8 months, and 15 days of active service and 2 years, 1 months, and 9 days of Foreign Service.

On 21 Mar 20, the Air Force Personnel Center (AFPC) Recognition Team notified the applicant they were unable to verify award of the AFEM and requested he send additional documentation verifying he served in support of Operation POWER PACK.
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

Executive Order 10977, dated 4 Dec 61; DoDM 1348.33, Volume 2, Manual of Military Decorations and Awards: DoD Service Awards-Campaign, Expeditionary, and Service Medals; AFMAN 36-2806, Awards and Memorialization Program. The AFEM is awarded to members of the U.S. Armed Forces who, after 1 Jul 58, participated in U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations. The Joint Chiefs of Staff designates operations that qualify for the AFEM, specifies the degree of participation required, and defines the area of operations. Service members must have been permanently assigned, attached, or detailed to a unit that participated in or was engaged in direct support of designated operations for 30 consecutive days or for 60 non-consecutive days in the area of eligibility (AOE) or meet one of the following criteria, regardless of time spent in the AOE: was engaged in actual combat, or duty that is equally hazardous as combat duty, with armed opposition; while participating in a designated operation was killed, or was wounded or injured requiring medical evacuation from the AOE.

The U.S. military operation in the Dominican Republic with the inclusive dates of 28 Apr 65 through 21 Sep 66, has been approved for award of the AFEM.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  After a thorough review of the military personnel record and documentation provided, they were unable to verify award of the AFEM.  Correspondence was sent to the applicant on 21 Mar 20 requesting additional documentation to possibly administratively correct his record; however, a response was not received. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and 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 13 Oct 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 applicant contends he was assigned to Ramey AFB, Puerto Rico from 1964 - 1967, and should have been awarded the AFEM for his participation in military operations in the Dominican Republic.  According to AFMAN 36-2806, personnel must have been permanently assigned, attached, or detailed to a unit that participated in or was engaged in direct support of designated operations for 30 consecutive days or for 60 non-consecutive days in the Dominican Republic. While the applicant’s record indicates he was assigned to Puerto Rico, he has not established he participated in a U.S. military operation in the Dominican Republic during the period 28 Apr 65 through 21 Sep 66.  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.

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-2019-02245 in Executive Session on 30 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 14 Jan 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 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.