RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04805

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1. He be awarded the Air Force Commendation Medal (AFCM).

2. He be promoted to the rank of sergeant.

APPLICANT’S CONTENTIONS

The AFCM and his promotion to sergeant were never documented on his DD Form 214. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).  The applicant served four years on active duty from 9 April 1980 to 8 April 1984.

On 17 February 2020, the AFPC Recognition Team was unable to verify award of the AFCM.  They advised the applicant to provide source documents (i.e., special order, signed certificate or citation with an official seal) within 30 days.  The applicant did not respond.

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

APPLICABLE AUTHORITY

The AFCM is awarded to any service member, or to any member of the armed forces of a friendly foreign nation, who has distinguished himself or herself by meritorious achievement or service, valor or heroism.  AFMAN 36-2806, Awards and Memorialization Program.

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the applicant’s request in regard to promotion to the rank of sergeant.  The applicant provided no documentation supporting his appeal.  A review of the applicant’s record reveals he was considered and nonselected for promotion to sergeant one time, (cycle 84B5) before being honorably discharged in the grade of E-4 on 8 April 1984. 

The rank structure from 1 June 1976 through 2 May 1991 for the first four grades was as follows:

	E1 = Airman Basic
	E2 = Airman
	E3 = Airman First Class
	E4 = Senior Airman/Sergeant
	
On 1 June 1976, E4 was designated as both a senior airman and sergeant.  It was decided by Air Force leadership that in order to become a noncommissioned officer (NCO), E4s must first serve on active duty in that rank for one year, attend NCO prep course, and be recommended by their commander.  This was an appointment, not a promotion, and did not change the pay grade E4 or rate of pay.  On 2 May 1991, the rank designated as sergeant was terminated and E4 was only referred to as a senior airman.  

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 22 January 2020 for comment (Exhibit D), but has received no response.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 9 March 2020 for comment (Exhibit F), 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/DP2SPP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  With regard to the applicant’s request to be awarded the AFCM, the applicant has not provided any evidence to support this request.  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.  The Board advises that you contact the Air Force Personnel Center Decorations Board regarding their administrative process for the AFCM.  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-2019-04805 in Executive Session on 27 October 2020:

, 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 12 September 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SPP, dated 17 January 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 January 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.