RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00059

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

He be awarded the Air Force Overseas Ribbon with one Bronze Oak Leaf Cluster.

APPLICANT’S CONTENTIONS

He was assigned to XXXXX from 1 July 1966 to 1 March 1967 and XXXX from 1 March 1967 to 1 September 1968.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is former Air Force Sergeant (E-4).

On 28 February 1966, according to DD Form 4, Enlistment Record – Armed Forces of the United States, the applicant entered active duty for a period of four years.

On 26 December 1969, according to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, the applicant was honorably released and transferred to the Air Force Reserve.  He was credited with 1 year, 9 months and 8 days of Foreign Service.

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 application. According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A14.25, the Air Force Overseas Ribbon (Short and Long Tour) was established on 12 October 1980 to recognize completion of an overseas tour.  Prior to 6 January 1986, the ribbon was awarded to Regular Air Force, Air National Guard and Air Force Reserve members credited with completion of an overseas tour on or after 1 September 1980.  Regular Air Force, Air National Guard and Air Force Reserve members serving on or after 6 January 1986, may reflect all Air Force overseas tours credited during their career. 

The applicant’s active duty service dates from 28 February 1966 to 26 December 1969 are prior to the award authorization date.  To grant relief would be contrary to the criteria established by the AFMAN 36-2806.

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 9 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.  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.

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-2020-00059 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, dated 6 November 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 9 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.