RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00457

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, for the period of active duty from 3 Mar 03 through 24 Nov 03 discharge, be corrected to reflect the following awards:

1.  The Meritorious Service Medal (MSM) for the period of 31 May 06 to 3 Nov 12.

2.  An additional Oak Leaf Cluster to his National Defense Service Medal (NDSM).

3.  Silver Oak Leaf Cluster added to his Air Reserve Forces Meritorious Service Medal. (The applicant’s DD Form 214 already reflects this award, so no action is required.)

APPLICANT’S CONTENTIONS

His official record was updated after he retired from service and his DD Form 214 should be corrected.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Reserve master sergeant (E-7) awaiting retired pay at age 60.

According to the applicant’s DD Form 214, he served on active duty from 3 Mar 03 to 24 Nov 03 and was credited with 8 months and 22 days of active service.  The applicant served in support of Operation Noble Eagle/Enduring Freedom, Title 10, United States Code (USC) Section 12302, Partial Mobilization from 3 Mar 03 to 24 Nov 03.  In addition, the applicant served in Area of Responsibility Operation Iraqi Freedom from 29 Jul 03 to 23 Sep 03.  The applicant’s DD Form 214 reflects award of the National Defense Service Medal with 1 device and the Air Reserve Forces Meritorious Service Medal with 2 devices.

According to Special Order G-001245, dated 3 Oct 12, the applicant was awarded the Meritorious Service Medal for the period of 31 May 06 to 3 Nov 12.

On 3 Nov 12, the applicant was relieved from current assignment, assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List, awaiting retired pay at age 60 years (23 Feb 23), per Reserve Order EK-4742, dated 16 Jun 12.

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

APPLICABLE AUTHORITY

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.

The DD Form 214, Certificate of Release or Discharge from Active Duty, is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  It provides qualifying airmen who are separating or retiring with brief and clear records of their active military service for the time period the document is published and it meets the legal requirements for issuing a discharge certificate under Title 10, United States Code, Section 1168.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  After review of the applicant’s military personnel record and the documents provided by the applicant, the Recognitions Team verified the Meritorious Service Medal and the Air Reserve Forces Meritorious Service Medal with a Silver Oak Leaf Cluster are reflected in the applicant’s military personnel record.  However, the DD Form 214 for the Air Reserve Component is a snapshot in time for a member’s record capturing the duty performed and what was reflected in the record at the end date of the DD Form 214.  Therefore, his DD Form 214 with a separation date in 2003 would not be amended to add the Meritorious Service Medal, as it was awarded after his separation.

The National Defense Service Medal would not be added if it was not reflected in the applicant’s record.  Unfortunately, the Recognitions Team is unable to approve an additional Oak Leaf Cluster for the National Defense Service Medal.  Per Air Force Manual 36-2806, Awards and Memorialization Program, paragraph A14.3.3: Subsequent Awards and Table A14.1, National Defense Service Medal Qualifying Conflicts. “A service star is authorized for each qualifying conflict in which the member participated (see Table A14.1).”  Table A14.1: National Defense Service Medal Qualifying Conflicts.  Lastly, the Air Reserve Forces Meritorious Service Medal with 2 Oak Leaf Clusters is already reflected on the applicant’s DD Form 214.

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 29 May 20 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 ARPC/DPTS 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-2020-00457 in Executive Session on 4 Nov 20:

, 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 23 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 6 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-00457, as required by AFI 36-2603, paragraph 4.11.9.