RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02288

XXXXXXXXXXXXXX	COUNSEL: NONE
	
XXXXXXXXXXXXX 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.  His deceased father’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the following:

a.  Air Force Longevity Service Award (AFLSA).

b.  National Defense Service Medal (NDSM) (Administratively corrected, no Board action required).

c.  Small Arms Expert Marksmanship Ribbon with one Bronze Service Star (SAEMR w/1BSS) (Administratively corrected, no Board action required).

d. Missileman and Senior Missileman Badge (Administratively corrected, no Board action required).

2.  His records be corrected to reflect he was discharged in the grade of sergeant (E-5).

APPLICANT’S CONTENTIONS

His father’s DD Form 214 was not annotated correctly at the time of his discharge nor was it corrected for awards that were later authorized after his discharge.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The deceased member is a former Air Force airman first class (E-4).

Issued 28 Apr 67, the deceased members DD Form 214, reflects he was honorably discharged in the grade of airman first class (E-4) having served 3 years, 11 months and 28 days of active duty service.  

On 13 May 69, according to Reserve Order CA-020689, the deceased member was honorably discharged from the Air Force Reserve (AFR), effective 30 Apr 69 in the grade of sergeant (E-5).

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

APPLICABLE AUTHORITY/GUIDANCE

The AFLSA is awarded to all service members of the US Air Force who complete four years of honorable active or Reserve military service with any branch of the United States Armed Forces.  

AIR FORCE EVALUATION

AFPC/DP2SPP recommends denying the applicant’s request to correct his father’s grade to reflect E-5 on his DD Form 214.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The deceased member was not promoted to the grade of SSgt/Sgt (E-5) while serving in the Regular Air Force (REGAF).  His DD Form 214 reflects his grade as A1C (E-4), at time of his discharge from regular active duty with the Air Force.  The Reserve Order provided by the deceased member’s next-of-kin (NOK) reflects the grade obtained while serving in the AFR.  Therefore, based on the documentation provided, the deceased member was discharged from the REGAF in the proper grade of A1C (E-4).

The complete advisory opinion is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for award of the AFLSA.  Per Air Force Manual 36-2806, Awards and Memorialization Program, A14.28, the AFLSA is authorized for active duty personnel based on an aggregate of four years of honorable active federal military service with any branch of the US Armed Forces or Reserve components.  Per the deceased member’s DD Form 214, he served 3 years, 11 months, and 28 days of active duty service.  The applicant did not provide documentation to verify the deceased member served on active duty for a total of four years.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 Mar 21 for comment (Exhibit E), 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 the offices of primary responsibility 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, 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-2020-02288 in Executive Session on 19 May 21:

, 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 28 Apr 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SPP, dated 24 Sep 20.
Exhibit D: Advisory Opinion, AFPC/DP3SP, dated 16 Mar 21.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 16 Mar 21.

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.