RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04895

XXXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 	

APPLICANT’S REQUEST

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

a.	Armed Forces Service Medal
b.	Air Force Good Conduct Medal  (Administratively corrected)
c.	Air Force Outstanding Unit Award  (Administratively corrected)
d.	Nuclear Deterrence Operations Service Medal  (Administratively corrected)

APPLICANT’S CONTENTIONS

His time served in the Air Force entitles him to some of the aforementioned decorations/medals.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3), who served in the Regular Air Force from 1993 to 1995.

In a letter dated 2 Jun 20, the Air Force Personnel Center (AFPC) Recognitions Team notified the applicant they were able to verify award of the Air Force Good Conduct Medal, the Air Force Outstanding Unit Award and the Nuclear Deterrence Operations Service Medal.  However, they were unable to verify award of the Armed Forces Service Medal and requested the applicant provide additional supporting documentation within 30 days.

On 21 Apr 22, the applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, awarding him the Air Force Good Conduct Medal, the Air Force Outstanding Unit Award and the Nuclear Deterrence Operations Service Medal.   
 
For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Armed Forces Service Medal.  According to   Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, the Armed Forces Service Medal was established by Executive Order 12985, to recognize Service members who, on or after 1 Jun 92, participate, or have participated, in designated U.S. military operations and encounter no foreign armed opposition or imminent hostile action.  The medal may be awarded to

members who, after 1 Jun 92:  Participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity by the Joint Chiefs of Staff; and encounter no foreign armed opposition or imminent threat of hostile action.  Members must have been permanently assigned, attached, or detailed to a unit that deployed to participate in a designated U.S. military operation within the area of eligibility for 30 consecutive days (or for the full period when an operation is less than 30 days) or for 60 non-consecutive days.  

Based on the applicant’s submission and official personnel record, the applicant was only assigned to XXXXXXX AFB, XX during the period of service.  Unfortunately, there is no documentation showing the applicant deployed to an area of eligibility.  As stated in the eligibility criteria, “outstanding or meritorious performance of non-deployed or remotely located support units and individuals does not justify awarding the Armed Forces Service Medal.”  Absent additional documentation verifying the applicant meets the established eligibility criteria, they are unable to award the Armed Forces Service Medal.  To grant relief would be contrary to the criteria established DoDM 1348.33, Manual of Military Decorations and Awards: DoD Joint Decorations and Awards, and AFMAN 36-2806.  

Notwithstanding the above, they were able to verify award of the Air Force Good Conduct Medal, the Air Force Outstanding Unit Award and the Nuclear Deterrence Operations Service Medal.  Accordingly, the applicant’s record has been administratively corrected.

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 11 Apr 22 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 regarding award of the Armed Forces Service 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, 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-2019-04895 in Executive Session on 19 May 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/atch (s), dated 4 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 26 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 11 Apr 22.

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.