RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-01566

xxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect:

1. Award of the Global War on Terrorism Expeditionary Medal. (to be administratively corrected; no Board action required)
2.  Award of the Humanitarian Service Medal.
3.  “Staff sergeant select” in Block 18, Remarks.

APPLICANT’S CONTENTIONS

He was deployed to Turkey in support of Operation IRAQI FREEDOM and deployed to Qatar in support of Operations ENDURING FREEDOM, and believes he earned these awards and did not received them in error.  Additionally, he tested and earned the grade of staff sergeant (E-5), but left active duty before sewing on the rank.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).

According to AFPC/DP2WR memorandum, dated 28 Oct 21, the applicant deployed to Qatar from 5 Jun 30 – 3 Jul 03, for a total of 28 days, and deployed to Turkey from 25 Apr 04 – 3 Aug 04, for a total of 100 days.

On 15 Apr 05, the applicant was furnished an honorable discharge, in the grade of E-4, and credited with 3 years, 10 months, 11 days active service, of which 4 months, 8 days were foreign service.

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

APPLICABLE AUTHORITY

In accordance with Air Force Instruction 36-3202, Separation Documents, Table 4., How to Prepare DD Form 214, Rule 29:

	Block 18, Remarks:  Make only the entries authorized in rules 30-49, if they are applicable.  Make no others unless specifically authorized by HQ AFPC/DPPRS. 

Rules 30-49 do not recognize “select” grades as authorized entries.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for award of the Humanitarian Service Medal.

After a thorough review of the applicant’s official military personnel record and provided documents, award of the Global War on Terrorism Expeditionary Medal for his service in Turkey in support of Operation ENDURING FREEDOM is verified, and the applicant’s record will be administratively corrected.  However, award of the Humanitarian Service Medal could not be verified.

In accordance with Air Force Manual 36-2806, Awards and Memorialization Program, dated 10 Jun 19:

	A14.14. Humanitarian Service Medal.   The medal was established by EO 11965, to recognize members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a DoD-approved significant military act or operation of a humanitarian nature.
		
A14.14.1.1. The medal is awarded to individual members or to entire military units who distinguished themselves by meritorious, direct participation in a military act or operation of a humanitarian nature.  Direct participation is defined as “hands on” support at the site or sites of the military act or operation.

Although the applicant provided documentation, the documents do not verify direct “hands on” participation in a DoD-approved military act or operation of humanitarian nature; rendering the applicant ineligible for award of the Humanitarian Service Medal.

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 1 Nov 21 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 regarding award to the Humanitarian Service Medal.  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.  Additionally, the applicant’s request to amend the Remarks section of his DD Form 214 to reflect “staff sergeant select” is not authorized by the applicable guidance.  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, except for the aforementioned administrative correction, 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-2021-01566 in Executive Session on 11 Jan 22:

, 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 15 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 1 Nov 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Nov 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.