RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04843

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, be amended to reflect award of the following:

a. Air Medal with Eight Bronze Oak Leaf Clusters.
b. Aerial Achievement Medal.

APPLICANT’S CONTENTIONS

His last deployment was shortly before his discharge, which is insufficient time for processing flights flown.  His combat sorties total 197.  Furthermore, the Air Medal should be awarded for the period 8 January 2015 to 15 February 2015 and the Aerial Achievement Medal should be awarded for the period 21 March 2015 to 27 March 2015.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4).

On 23 August 2011, according to DD Form 214, the applicant entered the Regular Air Force for a period of four years.  He served as an Airborne Intelligence, Surveillance, and Reconnaissance Operator.  On 22 August 2015, the applicant was honorably released from active duty and was credited with 4 years of active service, including 11 months and 25 days of Foreign Service. Item 13 indicates he was awarded the Air Medal, with Seven Oak Leaf Clusters, among other decorations.  It does not indicate he was awarded the Aerial Achievement Medal.

On 20 April 2020, the Air Force Personnel Center (AFPC) Recognition Team advised the applicant that after a thorough review of his official military personnel record, they were unable to verify award of the Air Medal with Eight Bronze Oak Leaf Clusters.   He was asked to provide a complete decorations package to include: a signed recommendation from someone with firsthand knowledge of the act/achievement, preferably from someone within his chain of command at the time of the act/achievement and a proposed citation: Narrative must be signed by the recommending official and eyewitness statements.  If additional documentation was not received within 30 days, the applicant was informed his case would be referred to the Board.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Instruction (AFI) 36-2803, The Air Force Awards and Decorations Program, dated 18 December 2013, Incorporating Change 1, dated 22 June 2015.  The Air Force Awards and Decorations Program is primarily a commander’s program that uses individual decorations, service awards and medals, achievement awards, and unit awards to recognize meritorious or outstanding service, as well as recognizing excellence above and beyond the actions of others.  Decorations and unit awards are processed using a 3-step process: proper recommendation and submittal into official channels, approval of the recommendation, and presentation of the approved decoration or award.  No member is automatically entitled to a decoration upon a permanent change of station, permanent change of assignment, retirement, separation, completion of a temporary duty, or reaching or achieving other career points at which a decoration may recommended. Supervisors must decide at these points if a decoration is appropriate.

The Air Medal was established by Executive Order 9158, dated 11 May 1942, as amended by Executive orders 9242, dated 11 September 1942.  The medal is awarded to any person while serving in any capacity with the Air Force for heroism or meritorious achievement while participating in aerial flight.   The required achievement to warrant award of the Air Medal is less than that required for the Distinguished Flying Cross, but must be accomplished with distinction above and beyond that expected of professional airmen. Both heroism and achievement must be entirely distinctive, involving operations that are not routine.  It is not awarded for sustained operational activities and flights.

The Aerial Achievement Medal was established by the Secretary of the Air Force on 5 February 1988 and awarded to U.S. military and civilian personnel for sustained meritorious achievement while participating in aerial flight.  Major commands, Field Operating Agencies, and Direct Reporting Units will identify the missions and positions to qualify for the award.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Air Medal with Eight Bronze Oak Leaf Clusters.  After a thorough review of the official military personnel record to possibly provide administrative relief, they were unable to verify award of the Air Medal with eight Bronze Oak Leaf Clusters.  Correspondence was sent to the applicant on 20 April 2020, requesting additional documentation to possibly administratively correct the applicant’s official record; however, the applicant never responded.  To grant relief would be contrary to the criteria established by law, DoDM 1348.33, Manual of Military Decorations and Awards and Air Force Manual 36-2806, Awards and Memorialization Program. 

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 5 November 2021 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 and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  According to AFI 36-2803, decorations are processed using a 3-step process: proper recommendation and submittal into official channels, approval of the recommendation, and presentation of the approved decoration or award.  There is no documentation in the applicant’s record or provided with his application to verify he was awarded the Air Medal with Eight Bronze Oak Leaf Clusters or the Aerial Achievement Medal.  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-2019-04843 in Executive Session on 17 March 2022:

, 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 22 September 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 11 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 5 November 2021.

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.