RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03104

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include the Air Force Expeditionary Service Ribbon. 

APPLICANT’S CONTENTIONS

He earned the award based on his time in service while in support of Operation ENDURING FREEDOM.  He immediately separated from service to join the State Police Academy and was not available when the unit issued the award.  Also not having the award is preventing him from receiving some benefits.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air National Guard (ANG) senior airman (E-4).

On 21 Apr 97, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Air National Guard.

On 8 Oct 97, according to DD Form 214, the applicant entered a period of active duty and was released from active duty on 4 Feb 98.  His narrative reason for separation is “Completion of Initial Active Duty Training.”  He was credited with 4 months and 7 days of active service. 

On 22 Jul 01, according to DD Form 214, the applicant entered a period of active duty and was released from active duty on 9 Oct 02.  His narrative reason for separation is “Early Release from AGR Tour.”  He was credited with 1 year, 2 months, and 18 days of active service. 

On 20 Apr 02, according to National Guard Bureau (NGB) Form 22, National Guard Bureau Report of Separation and Record of Service, the applicant separated with  6 years of Total Service for Pay.  His reason for separation is “Expiration of Enlistment.” 

For more information, see the excerpt of the applicant’s record at Exhibit B

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  According to Air Force Manual 36-2806, Awards and Memorialization Program, paragraph, A14.26.1.1., the Air Force Expeditionary Service Ribbon (Basic) is awarded to Regular Air Force, Air National Guard and Air Force Reserve members credited with completion of a contingency deployment after 1 Oct 99.  Deployment credit is defined as either 45 consecutive days or 90 nonconsecutive days in deployed status.  Based on the evidence provided by the applicant and in the Military Human Resource Record, there is not sufficient proof he meets the criteria the Air Force Expeditionary Service Ribbon.  

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 24 Mar 22 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 ARPC/DPTS 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).  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-2021-03104 in Executive Session on 19 May 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 10 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, dated 11 Mar 22.
	Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 24 Mar 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.