RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-01278

XXXXXXXXXXXXX	COUNSEL:  NONE
	
 	HEARING REQUESTED:   NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 19 February 1998, be corrected to reflect the following:

	a. Award of the Korean Service Medal.  (Referred to AFPC)

	b. Airman first class (E-3) versus airman (E-2).

APPLICANT’S CONTENTIONS

He served in Korea from 1996 to 1997.  

The applicant makes no contention regarding the request to correct his pay grade.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman (E-2).

On 6 September 1996, according to Special Order P-27 dated 1 September 1996, the applicant was promoted to the grade of airman.

On 9 June 1997, the applicant received punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully stealing another airman’s personal property.  He was sentenced to a reduction in grade to airman basic (E-1), suspended until 5 December 1997, 45 days extra duty, and a reprimand.

On 13 February 1998, the applicant’s commander recommended he be discharged from the Air Force for a pattern of misconduct, specifically, conduct prejudicial to good order and discipline.  The applicant’s record of disciplinary actions included punishment under Article 15, UCMJ, two letters of reprimand, two letters of admonishment, and two records of individual counseling.  On 17 February 1998, the discharge action was found legally sufficient, and on 18 February 1998, the discharge authority approved the recommendation. 

On 19 February 1998, the applicant received an Under Honorable Conditions (General) discharge with a narrative reason for separation of Misconduct.  He was credited with 1 year, 11 months, and 14 days of active 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/DP2SPP recommends denying the applicant’s request to correct his grade to reflect airman first class.  Based on documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The supporting evidence surrounding the applicant’s discharge reflect a pattern of misconduct and there is no clear evidence the applicant was promoted to airman first class. 

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 30 November 2020 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/DP2SPP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s request for award of the Korean Service Medal was referred to the AFPC Recognitions Office for possible administrative correction.  Should AFPC not be able to administratively correct his records as requested, his request will be referred back to the Board for adjudication.  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-2020-01278 in Executive Session on 28 January 2021:

, 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 7 January 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SP, dated 25 November 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 30 November 2020.

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.