ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00636

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be awarded the following:

a.	The Lebanon/Grenada Ribbon [sic]
b.	Small Arms Expert Marksman Ribbon
c.	The Cold War Ribbon (No Board action needed).
d.	The Air Force Training Ribbon (No Board action needed)

RESUME OF THE CASE

The applicant is a former Air Force airman first class (E-3), who served in the Regular Air Force from 10 Feb 82 through 2 Mar 84.   

On 1 Dec 19, the applicant submitted a DD Form 149, Application for Correction of Military Records, requesting award of the Air Force Training Ribbon, the appropriate Cold War Ribbons, the Lebanon/Grenada Ribbon, and the Marksman Ribbon.  He contended his DD Form 214, Certificate of Release or Discharge from Active Duty, should be corrected to reflect these ribbons.

On 13 Aug 20, AFBCMR staff notified the applicant his request for the awards and decorations portion of his application was forwarded to the Air Force Personnel Center (AFPC)  for review and/or corrective action. Based on foregoing, the applicant’s case was closed. The applicant was also notified that if AFPC was unable to resolve his requests, his application would be resubmitted to the AFBCMR.

On 4 Nov 20, the Board considered and denied his request for a discharge upgrade finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Record of Proceedings at Exhibit H.

On 9 Oct 21, the Board received an AFPC/DP3SP advisory opinion stating they were able to verify award of the Air Force Training Ribbon  and would administratively correct the applicant’s record.  They were also able to verify the applicant served during the Cold War Era from 10 Feb 82 to 2 Mar 84 and directed the applicant obtain the Cold War Era Certificate from the Department of the Army.   In view of the applicant’s original contention and concerns expressed in his 1 Dec 19 application, the AFBCMR staff reopened his case in order for the Board to the applicant’s requests.
AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Armed Forces Expeditionary Medal, the Global War on Terrorism-Expeditionary Medal, and the Small Arms Expert Marksmanship Ribbon.  Per Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, section A14.5, the Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 Jul 58, participated in U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.  The Joint Chiefs of Staff designates operations that qualify for the Armed Forces Expeditionary Medal, specifies the degree of participation required, and defines the area of operations.   Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration), or for 60 nonconsecutive days provided the support involved entering the area of operations or met one or more of the following criteria: (1) Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; (2) Is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or (3) Accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit.  Prior to 1 Dec 95, members on aircrew status were only required to fly over or into the area of eligibility for one day during the conflict to qualify for the medal.  Under no condition will members receive the Armed Forces Expeditionary Medal and another campaign medal for the same period of service, unless authorized by DoD.  They were unable to verify the applicant participated in any military operations for award of the Armed Forces Expeditionary Medal.

Per section A14.10, the Global War on Terrorism Expeditionary Medal was established by Executive Order13289, 12 Mar 03, to recognize members of the U.S. Armed Forces who deployed abroad for service in the War on Terrorism operations on or after 11 Sep 01 to a date to be determined.  Members must have been permanently assigned, attached, or detailed to a unit that participated, on or after 11 Sep 01 in a designated Global War on Terrorism Expeditionary Medal operation in the specified area of eligibility for that operation for 30 consecutive or 60 non-consecutive days, or meet one of the following criteria, regardless of time spent in the area of eligibility: Were engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action or while participating in the designated operation were killed, or were wounded or injured and medically evacuated from the area of eligibility.  They were unable to verify the applicant participated in any military operations for award of the Global War on Terrorism Expeditionary Medal. There is no indication the applicant entered the area of eligibility for either Lebanon or Grenada; rendering him ineligible for award of the Armed Forces Expeditionary Medal and the Global War on Terrorism-Expeditionary Medal.

Per section A14.33, the Small Armed Expert Marksmanship Ribbon is awarded to regular Air Force, Air National Guard and Air Force Reserve members, who, after 1 Jan 63, qualify as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on the Air Force qualification course, an appropriate orientation course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle Program.  They were unable to verify award of the Small Arms Expert Marksmanship Ribbon due to unavailable official documentation, such as the AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, to verify the applicant qualified as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or issued a handgun. The applicant has not provided official documentation, such as the AF Form 522, to verify he qualified as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or issued a handgun. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

Notwithstanding the above, they were able to verify the applicant’s eligibility for the Air Force Training Ribbon, which is already annotated on his DD Form 214.  Accordingly, no Board or administrative action is required.  They were also able to verify the applicant served during the Cold War Era from 10 Feb 82 to 2 Mar 84 and directed the applicant obtain the Cold War Era Certificate from the Department of the Army.   

The complete advisory opinion is at Exhibit I.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Jan 22 for comment (Exhibit J), 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).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, other than the administrative correction that will be made to his record, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-00636 in Executive Session on 16 Jun 22:

, Panel Chair
, Panel Member
, Panel Member
All members voted against correcting the record.  The panel considered the following:

Exhibit H:	Record of Proceedings, w/ Exhibits A-G, dated 4 Nov 20.
Exhibit I:	Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21.
Exhibit J	Notification of Advisory, SAF/MRBC to Applicant, dated 10 Jan 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.