RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04170

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her records be corrected to reflect the following awards/decorations:  

1.  Air Force Good Conduct Medal (AFGCM) (one device); 
2.  Air Reserve Forces Meritorious Service Medal (ARFMSM) (seven devices); 
3.  National Defense Service Medal (NDSM) (one device); 
4.  Global War on Terrorism Service Medal (GWOT-S); 
5.  Air Force Longevity Service Award (AFLSA) (two devices); 
6.  Armed Forces Reserve Medal (AFRM) (two devices); 
7.  Air Force Training Ribbon (administratively corrected).

APPLICANT’S CONTENTIONS

Her awards/decorations are listed in the Virtual Military Personnel Flight (VMPF) document she provided, but not in the Automated Records Management System (ARMS).  She wants to ensure her status as a “Protected Veteran” is identified for employment purposes.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve senior master sergeant (E-8) awaiting retired pay at age 60.

DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 14 Feb 83 through 25 Jun 85, confirms the applicant was awarded the Air Force Training Ribbon.

According to the Air Force Personnel Center (AFPC), VMPF should “mirror” information contained in the Military Personnel Data System (MILPDS).  MILPDS only reflects the Joint Service Achievement Medal (JSAM) and Air Force Achievement Medal (AFAM).

According to ARMS, there is no documentation which indicates the applicant’s commander denied any automatic awards. 

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

APPLICABLE AUTHORITY

AF Manual 36-2806, Awards and Memorialization Program:

Paragraph A14.19.  AFGCM:  Is awarded to enlisted members for “exemplary conduct,” for active military service with the U.S. on or after 1 Jun 63.
A14.19.2.1.  Qualifying Periods of Service:  Each 3 years completed on or after 1 Jun 63.
A14.19.3.  Award of the medal is automatic unless denied by the unit commander.  Denials are the result of less than exemplary conduct. Commanders are required to prepare a memorandum or letter stating the period involved for denying and adjust the award to the new start date.

Paragraph A14.20.  ARFMSM:
A14.20.1.  Eligibility.  The medal is awarded on or after 1 Apr 65, for 4 continuous years of service, or on or after 1 Jul 75, for 3 continuous years of service, to recognize exemplary behavior, efficiency, and fidelity in an enlisted status in the Air National Guard and Air Force Reserve.  Creditable service ends when called to active duty.

Paragraph A14.3.  NDSM:  Established to recognize honorable active military service during periods of conflict or national crisis.
A14.3.1.  Eligibility.
A14.3.1.1.  The medal may be awarded to members of the U.S. Armed Forces, to include the U.S. Coast Guard, who are on active duty; members of the Selected Reserve in good standing; members of other than the Selected Reserve called to active duty; cadets in the Air Force Academy; and Air Force members who have completed Air Force Basic Training.  The term “Selected Reserve” is defined by 10 USC § 10143.
A14.3.1.2.  The medal is not authorized for award to:
A14.3.1.2.1.  Discharged or retired members who did not serve during one of the time periods for which the medal is authorized.
A14.3.1.2.2.  Members of the Individual Ready Reserve, Inactive National Guard, or Standby Reserve unless activated under 10 USC § 12301, 12302 or 12304.
A14.3.1.4.  For service during the Gulf War, EO 12776 expanded eligibility for the medal to include any Service member in good standing with a Reserve Component and members other than the Selected Reserve who were called to active duty.

Paragraph A14.11.  GWOT-S:
A14.11.2.  Eligibility.
A14.11.2.1.  The medal is awarded to members who participated in the War on Terrorism operations outside of the designated areas of eligibility for the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, and Inherent Resolve Campaign Medal on or after 11 Sep 01 to a future date to be determined.
A14.11.2.2.  The member must have served on active duty, on or after 11 Sep 01, for a minimum of 30 consecutive or 60 non-consecutive days, not including initial accession training, or regardless of time served while on active duty, on or after 11 Sep 01, and:
A14.11.2.2.1.  Was engaged in actual combat; or
A14.11.2.2.2.  Was killed, wounded, or died not due to negligence or wrongful misconduct.
A14.11.2.3. CSAF authorized award of the medal to members who directly or indirectly supported the designated operations, and meet all other eligibility criteria.
A14.11.2.4. Members supporting War on Terrorism operations in a non-deployed status, whether stationed at home or overseas are eligible for the medal.
A14.11.2.5. Effective 19 July 2005, CSAF authorized award of the medal to Air Force accessions 30 days following entry on extended active duty.

Paragraph A14.27.  AFLSA:
A14.27.1.  Eligibility.
A14.27.1.1.  The award is authorized for active duty personnel based on an aggregate of 4 years of honorable active federal military service with any branch of the U.S. Armed Forces or Reserve components.  Reserve Component members are credited with the award for each 4 years of satisfactory military service creditable to a reservist for retirement.  Eligible categories include:
A14.27.1.1.1.  All members of the Air Force on active duty.
A14.27.1.1.2.  Members of the Reserve Components not on active duty assigned to training category A, B, D, or H.
A14.27.1.2.  Eligibility for the award was expanded on 1 Jul 76 to include members of the Reserve components.  Members in training assigned on or after that date in training categories A, B, D, and H are eligible for retroactive awards based on satisfactory years of service completed by their retirement or retention year closeout.  Retroactive award is not authorized for other categories.

Paragraph A14.16.  AFRM:
A14.16.1.  Eligibility.
A14.16.1.1.  The medal is awarded to members or former members of the Air Force Reserve Components who meet one of the following criteria:
A14.16.1.1.1.  The member has completed a total of 10 years’ honorable military service in one or more of the Reserve Components, including annual active duty and inactive duty training provided:
A14.16.1.1.1.1.  Such 10 years of service was performed within a period of 12 consecutive years.

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 cannot provide source documentation for the following:

AFGCM:  Due to the award being an automatic update in her records after the member has completed exemplary active duty service every three years.  

AFRMSM:  Due to the award being an automatic update in their records after the member has completed exemplary reserve service every three years.

NDSM:  Due to the award being an automatic update when called to active duty.
 
GWOT-S:  Due to the award being an automatic update in their records after the member served in the military after 11 Sep 01 for a minimum of 30 consecutive or 60 non-consecutive days.

AFLSA:  Due to the award being an automatic update in their records after the member has completed exemplary service every four years. 

AFRM:  Due to the award being an automatic update in their records after the member has served honorably for ten years. 

The complete advisory opinion, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Mar 20 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, beyond that rendered 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-2019-04170 in Executive Session on 6 May 20:

, 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/atch, dated.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atch, dated 17 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Mar 20.

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.