RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03928

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

a.	The AF Outstanding Unit Award (AFOUA) with 2 Valor Devices and 19 Oak Leaf Clusters (OLC).  (Administratively corrected from 16 OLCs to 3 Silver OLCs and 1 Bronze OLC which denotes 16 additional awards).

b.	The AF Organizational Excellence Award with 2 Oak Leaf Clusters.  (Administratively corrected, no Board action required).

c.	The Joint Meritorious Unit Award. (Administratively corrected, no Board action required).

APPLICANT’S CONTENTIONS

The AFOUA should have two valor devices and 19 oak leaf clusters per order number XXXXX, assigned to the XXXXX AFB from Nov 78 to Sep 82; order numbers XXXX, XXXX, and XXXX assigned to XXXXX AFB from Mar 85 to Nov 90; order numbers XXXX, XXXX, and XXXXX assigned to XXXXX AFB from Nov 90 to Nov 92; order numbers XXXXX, (2 awards in 1998 and 1 award in 1999), XXXX, XXXXX, XXXX, XXXXX, XXXX, XXXXX (2 Awards), and order number XXXXX assigned to the XXXX at XXXX AFB from Nov 92 to Sep 97 and Oct 98 to May 03; XXXXX assigned to the XXXX at XXXXX from Sep 97 to Oct 98; order number XXXXX with valor and XXXXXX with valor deployed to XXXX at XXXXX AB from Feb 01 to Jun 01.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force chief master sergeant (E-9).

On 31 Oct 07, DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant was honorably discharged in the grade of chief master sergeant (E-9) after serving 29 years 6 months of active duty.  He was discharged, with a narrative reason for separation “Voluntary Retirement: Sufficient Service for Retirement.”  Block 13, Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, shows he was awarded the AFOUA with valor with 16 oak leaf clusters.

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

APPICABLE AUTHORITY

ELIGIBILITY CRITERIA FOR VALOR “V” DEVICE:  The "V" device is worn on decorations to denote valor, an act or acts of heroism by an individual above what is normally expected while engaged in direct combat with an enemy of the United States, or an opposing foreign or armed force, with exposure to enemy hostilities and personal risk.

AUTHORIZED AND UNAUTHORIZED DECORATIONS:  Effective 7 Jan 16, the “V” device is authorized on the Distinguished Flying Cross, Bronze Star Medal, Air Medal, and Air Force Commendation Medal (this is not an all-inclusive list).  The "V" device on the Air Force Outstanding Unit Award and the Air Force Organizational Excellence Award is only authorized for the period of 15 Nov 61 to 1 Jan 14.  Prior to 1 Jan 14, only one bronze "V" device is authorized.

(NOTE: The establishment of the Gallant Unit Citation and Meritorious Unit Award warranted the discontinuance of the "V" device being authorized for approved USAF unit awards).

AIR FORCE EVALUATION

AFPC/DP3SP recommends denial for the award of the AF Outstanding Unit Award (AFOUA) with 2 Valor Devices and 19 Oak Leaf Clusters (OLC).  

AFPC/DP3SP was able to verify the award of the Joint Meritorious Unit Award, Air Force Outstanding Unit Award with Valor and three Silver Oak Leaf Clusters and one Bronze Oak Leaf Cluster, and the Air Force Organizational Excellence Award with two Bronze Oak Leaf Clusters.  Accordingly, the applicant’s record will be administratively corrected.   

However, verification of the additional three Bronze OLCs to the Air Force Outstanding Unit Award with Valor could not be verified.   The XXXX order (XXXXX AFB) is listed twice and are duplicate entries for the same inclusive periods.  The XXXXX (XXXX AFB) order inclusive period dates from 1 Jul 00 through 30 Jun 02 are consecutive, rendering the member eligible for one award.  Per AFM 36-2806, Awards and Memorialization Program, section A10.4, the Air Force Outstanding Unit Award was established by the Secretary of the Air Force (SecAF) on 6 Jan 54, to recognize numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units.  The Air Force Outstanding Unit Award may also be awarded for achievements of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. Per section A10.4.1, the Air Force Outstanding Unit Award is awarded to numbered units such as air forces, air divisions, wings, groups, squadrons, provisional units, and medical facilities (i.e. hospitals, clinics, medical centers (numbered or unnumbered)).  Detachments, operating locations, training sites, and Air Force elements are often included in the parent unit’s award; however, they may be considered on their own merit or identified by the parent unit to share in the award, but not both.  Unnumbered units may not be nominated for the Air Force Outstanding Unit Award, however, they may be submitted for the Air Force Organizational Excellence Award.  Units below squadron level are not eligible for the Air Force Outstanding Unit Award.

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 18 May 21 for comment (Exhibit D), and the applicant replied on 26 May 21.  In his response, the applicant states the XXXXX order is from XXXX AFB not XXXXX AFB and it is actually listed not twice, but three times, on the official web site of the Air Force Personnel Services.  While the open and close dates for the award period are the same for all three, there are two different years depicted for the award year, e.g., 1998 (2x) and also in 1999.  He was assigned to XXXX AFB during the award period of 1 Jul 00 to 30 Jun 02 and authorized the Air Force Outstanding Unit.  He should have a silver “V” device on his Air Force Outstanding Unit award since he has two periods where valor was awarded.

The applicant’s complete response is at Exhibit E.

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 for the award of the additional three Bronze OLCs to the Air Force Outstanding Unit Award with Valor nor does the Board agree to award a silver “V”; prior to 1 Jan 14, only one bronze "V" device was authorized for this award.  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, other than the administrative corrections noted above, 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-2019-03928 in Executive Session on 1 Feb 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 5 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 17 May 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 May 21.
Exhibit E:	Applicant’s Response, dated 26 May 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.