RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01152

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected in Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, to reflect award of the following:
	
	1.  Korean Defense Service Medal (KDSM) – Administratively Corrected.
2. Global War on Terrorism Service Medal – Administratively Corrected.
3. The Nuclear Deterrence Operations Service Medal, with N Device and One Oak Leaf          
    Cluster – Administratively Corrected.
4.  Air and Space Campaign Medal – Administratively Corrected.
5.  Air Force Expeditionary Service Ribbon – Administratively Corrected.
6.  Armed Forces Service Medal.
7.  North Atlantic Treaty Organization Medal NATO Medal.

APPLICANT’S CONTENTIONS

He was discharged from active duty in 2004.  The contested ribbons and medals were overlooked and/or awarded retroactively to members that were on active duty during the time he was honorably serving. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman basic (E-1).

On 12 June 1997, according to DD Form 214, the applicant entered active duty.  He served as a Security Forces Journeyman.  On 16 January 2005, the applicant was discharged with a bad conduct discharge.  He served 5 years, 9 months and 4 days on active duty and was credited with 1 year and 6 days of Foreign Service.  His narrative reason for separation reflect Court Martial.  Dates of time lost during this period reflect 28 March 2002 through 8 April 2002 and 20 September 2002 through 7 July 2003.

On 8 June 2021, AFPC Recognition’s Team advised the applicant that after a thorough review of his official military personnel record, they were able to verify award of the Nuclear Deterrence Operations Service Medal with N Device and one Bronze Oak Leaf Cluster, Air Force Expeditionary Service Ribbon, Global War on Terrorism Service Medal, Korean Defense Service Medal, and the Air and Space Campaign Medal.  However, they were unable to verify the Armed Forces Service Medal and the North Atlantic Treaty Organization Medal.  Both the Air and Space Campaign Medal and the NATO Medal were awarded for the same period of service.  Per Air Force Manual 36-2806, 10 June 2019, A14.23.1.4. Under no condition will a member be awarded an Air and Space Campaign Medal and a DoD Campaign or Service Medal for the same period of service.  The documents the applicant provided do not support verification of his specific request.  He was asked to provide additional source documents (i.e., paid travel voucher, AF Form 7 (Airman Military Record), or AF Form 104 (Service Medal Award Verification), placing him in the area of responsibility, and for how long).

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

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the Armed Forces Service Medal and the North Atlantic Treaty Organization Medal.  Correspondence was sent to the applicant on 8 June 2021, requesting additional documentation to possibly administratively correct the applicant’s official record and award the Armed Forces Service Medal and the NATO Medal.  However, as of the date of this advisory a response had not been received from the applicant and therefore unable to verify eligibility of the Armed Forces Service Medal and the NATO Medal.  

According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A14.13., the Armed Forces Service Medal was established by EO 12985, to recognize service members who, on or after 1 June 1992, 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 June 1992: 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.  Aircrew members must have participated as a regularly assigned crew member on an aircraft flying into, out of, within, or over the area of eligibility in direct support of the designated military operation for 30 consecutive days or 60 non-consecutive days.  One day of service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.  The medal recognizes participants who deploy to the designated area of eligibility for the qualifying operation. Outstanding or meritorious performance of non-deployed or remotely located support units and individuals does not justify awarding the Armed Forces Service Medal.  Such performance may be recognized with a decoration. 

According to paragraph A12.3., the North Atlantic Treaty Organization (NATO) Campaign and Service Medals. The awards are authorized by the NATO Secretary General to recognize qualifying participation in specific NATO operations and actions.  The award is normally awarded to qualifying members before their departure from service with NATO by a theater commander who has been delegated NATO medal award authority.  U.S. Air Force commanders are not authorized to award a NATO medal to members unless specifically delegated award authority by the NATO Secretary General or NATO Supreme Allied Commander Europe.  Requests for award of a NATO medal already approved by DoD are routed through Director of Personnel, U.S. Air Forces in Europe to the Supreme Headquarters Allied Powers Europe J-1 for approval.  Air Force members are only authorized to wear a NATO medal awarded for actions or operations approved by the Department of Defense.  When authorized, members only wear the initial NATO medal awarded.  The ribbon clasp is not authorized for wear on the NATO medal suspension ribbon. Subsequent NATO medals awarded for separate NATO operations or actions are denoted by wearing a bronze service star on the suspension and service ribbon of the initial NATO medal awarded. 

IAW Air Force Manual 36-2806, 10 June 2019, A14.23.1.4. Under no condition will a member be awarded an Air and Space Campaign and a DoD campaign service medal for the same period of service.

It appears the applicant was in the area of eligibility for the same period of service from May 1999 to August 1999 for both the Air and Space Campaign Medal and the North Atlantic Treaty Organization Medal (NATO); therefore, unable to award the North Atlantic Treaty Organization Medal (NATO) as it would be considered dual recognition.  Based on the documentation presented and review of the official record, there is no error or injustice as the applicant does not meet the established criteria for award of the Armed Forces Service Medal. To grant request would be contrary to the criteria established by AFMAN 36-2806.

After a thorough review of the official military personnel record to possibly provide administrative relief, award of the following was able to be verified and the applicant’s record will be administratively corrected: Nuclear Deterrence Operations Service Medal with N Device and one Bronze Oak Leaf Cluster, Air Force Expeditionary Service Ribbon, Global War on Terrorism Service Medal, Korean Defense Service Medal, and the Air and Space Campaign Medal.

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 7 March 2022 for comment (Exhibit D), and the applicant replied on 9 March 2022.  In his response, the applicant contended he has not been able to receive his temporary duty (TDY) orders for the time period May 1999 through August 1999 from the National Archives due to COVID-19.   The National Archives are only processing homeless veterans request, medical emergencies and burial requests.  It appears there is no time frame as to when they will be able to process his request to obtain his orders.  He has nothing further to add in support of his appeal other than what he has already provided.

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 regarding the award of the Armed Forces Service Medal and North Atlantic Treaty Organization Medal NATO Medal.  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.  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-2020-01152 in Executive Session on 9 August 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 6 February 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 14 February 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 March 2022.
Exhibit E:	Applicant’s Response, dated 9 March 2022.

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.