RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05608 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect award of the Meritorious Service Medal (MSM). _________________________________________________________________ APPLICANT CONTENDS THAT: He was recommended for the MSM but never received the award. The Board should consider his application in the interest of justice. He found the award recommendation while researching his Department of Veterans Affairs (DVA) claim. In support of his request, the applicant provides a copy of the MSM award recommendation. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 2 Sep 60, the applicant entered active duty. On 1 Apr 81, he was retired after serving 20 years, 6 months and 29 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. There is no evidence in the applicant’s record, nor did he present any documentation to support award of the MSM. Therefore, there is insufficient documentation to reasonably consider his request. The applicant provided an undated and unsigned recommendation for award of the MSM for the period of 8 Apr 80 to 1 Apr 81; however, there is no indication that the MSM package was submitted into official channels. In order to reasonably consider the applicant’s request, he needs to submit a proposed citation with inclusive dates and eyewitness statements. DPSID also recommends disapproval due to the fact that the request was not filed in a timely manner. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and Chief of Staff. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 4 Apr 14, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of the evidence of record, we find the application untimely. The applicant did not file his request for award of the MSM within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records. The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 33 years, which has greatly complicated the board’s ability to determine the merits of the application. Notwithstanding the recommendation provided by the applicant, he has not provided substantial evidence to show that such recommendation was acted upon and approved, such as a citation or signed certificate which would persuade us that his records should be corrected to show he was awarded the MSM. Thus, we cannot conclude it would be in the interest of justice to excuse applicant’s failure to file in a timely manner. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05608 in Executive Session on 9 Sep 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following pertinent documentary was considered: Exhibit A. DD Form 149, dated 1 Dec 13, w/atch. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 24 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 4 Apr 14.