RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01803

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO  	 

APPLICANT’S REQUEST

1.   His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include he served in Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF).   

2.   He be awarded the Global War on Terrorism Medal, Iraqi Campaign Medal, Air Force Combat Medal, Outstanding Airman of the Year Ribbon, Air Force Recognition Ribbon and the Armed Forces Expeditionary Medal.  (WILL NOT BE CONSIDERED BY THE BOARD AT THIS TIME, REFERRED TO AFPC RECOGNITIONS OFFICE FOR POSSIBLE ADMINISTRATIVE CORRECTION).  

APPLICANT’S CONTENTIONS

The record is incorrect due to his being discharged as a result of a medical evaluation board (MEB).  He served in combat and is highly decorated.  He provides documentation to show he served at Kirkuk AB, Iraq and was selected as his major command’s airman of the year.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4).

He served a period of active duty in the Regular Air Force from 11 Oct 00 to 16 Nov 04 and was honorably discharged, with a narrative reason for separation of “Disability, Existed Prior to Service, PEB.”  He was credited with 4 years, 1 month and 6 days of active duty 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/DP2STM-214 recommends denial for amending his DD Form 214 to reflect deployments and operations.  AFI 36-3202, Separation Documents, and the Personnel Services Delivery Guide, Table 4, does not provide an authorized entry to list deployments, operation names, temporary duty, or assignments on a DD Form 214.  The applicant’s DD Form 214 was correctly prepared.  

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 12 Jan 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant did not exhaust all available non-judicial relief for the request for awards 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/DP2STM-214, in which the applicant’s DD Form 214 was prepared correctly and in accordance with Air Force instructions.  The applicant’s request for awards was forwarded to the AFPC Recognitions Office for possible administrative correction.  Should they be unable to correct the records as requested, the applicant’s case will be returned to the AFBCMR for further consideration.  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-2021-01803 in Executive Session on 1 Feb 22 and 14 Feb 22:

 , Panel Chair
 , 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 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2STM-214, w/atchs, dated 27 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 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.