RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03044

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His Meritorious Service Medal (MSM) be upgraded to the Legion of Merit (LOM).

APPLICANT’S CONTENTIONS

The MSM should be upgraded to the LOM due to his long distinguished career of 38 years and his retirement grade of O-6.  His previous unit did not want to go through the process of issuing a LOM. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve colonel (O-6.)

On 4 November 2009, per Reserve Order Number X-XXXXXX, the applicant was awarded the MSM, 3rd oak leaf cluster for the inclusive dates of 1 October 2007 – 3 January 2010. 

On 20 May 2014, the applicant retired after serving 35 years, 5 months and 15 days per Title 10, USC Section 12732 and 40 years, 10 months and 20 days service for basic pay.

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

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The Recognitions Team does not have the authority to upgrade the MSM per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph 3.29.1.1. The applicant does not meet requirements to request reconsideration for the MSM per AFMAN 36-2806.  Requests for reconsideration of a previously disapproved or downgraded decoration, or upgrade of a previously approved decoration must be placed in official channels within one year of the awarding authority’s decision.  However, the applicant has the option to submit a Statutory Time Wavier per AFMAN 36-2806 section 3.19.  Recommendations (to include reconsiderations and upgrades) submitted after the applicable time limitation are only considered if submitted pursuant to 10 USC § 1130.  This legislation allows consideration of recommendations submitted beyond the time limitation. 

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 7 October 2020 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 ARPC/DPTS 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, 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-2019-03044 in Executive Session on 15 June 2021:

, 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 30 May 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 14 May 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 October 2020.

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.