RECORD OF PROCEEDINGS

IN THE MATTER OF:                                    DOCKET NUMBER: BC-2019-03406

XXXXXXXXXX                                               COUNSEL: NONE
	
    HEARING REQUESTED: NOT INDICATED

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated to reflect the Air Force Special Duty Ribbon (AFSDR). 

APPLICANT’S CONTENTIONS

According to Air Force Personnel Center criteria, award of the AFSDR is warranted due to his service at the United States Air Force Academy from 1999-2002 with the qualifying special duty assignment code 82A0, Academic Program Manager. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

From 4 Mar 99 –3 Mar 02, according to three AF Forms 707A, Field Grade Officer Performance Reports, the applicant served at the United States Air Force Academy as the Dean of the Faculty with the Duty Air Force Specialty Codes (DAFSC) 82A0 and N82A0W.

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application. According to Air Force Manual 36-2806, Awards and Memorialization Program, dated 10 Jun 19, the AFSDR was established on 4 Sep 14 and cannot be awarded retroactively. The applicant’s active duty service period was prior to 2014; therefore, no error or injustice occurred. To grant relief would be contrary to the criteria established by the Secretary of the Air Force 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 3 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).  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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2019-03406 in Executive Session on 17 Mar 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 1 Jul 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 3 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.