AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  93-01384 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

S T-: 

He be awarded the Air Force Commendation Medal  (AFCM)  f o r   an act 
of courage on 27 Nov 71. 
The  grade  on  his  Air  Force  Reserve  discharge  documents  be 
(Examiner's Note:  It  appears  he  would  like  the 
corrected. 
documents to reflect Staff Sergeant (E-5) vice Sergeant (E-4) . 
His military records be corrected to reflect temporary duty (TDY) 
in Southeast Asia. 

He should have received the AFCM  for courageous actions performed 
in 1971. 
Although the applicant has not specifically stated the reason for 
his  request  to  have  his  rank  at  the  time  of  his  discharge 
changed, he provided copies of his Air  Force Reserve order and 
discharge  certificate  reflecting  the  grade  of  staff  sergeant 
(E-5) (Exhibit A, atch 3). 
While stationed at CoJumbus AFB, MS, he went TDY to Thailand and- 
South Vietnam from 3  dec 70 until 30 May 71 (Exhibit A, atch 4 ) .  
In  support  of  his  request,  applicant  submits  copies  of  a 
congressional inquiry, with attachmente, SAF/LL response to the 
congressional, copies of his Air Force Reserve -discharge orders 
and  certificate,  a personal  statement  regarding  his  temporary 
duty  (TDY)',  a  letter from AFMPC/DPMASA,  dtd  13  May  93,  and  a 
These  documents  are 
congressional  inquiry,  w/attachment. 
appended at Exhibit A, atchs 1 through 6. 

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The applicant's military personnel records reflect he enlisted in 
the Regular Air  Force on  6 Aug  71 f o r   a period  of  four years, 
with no prior service.  On 5 Aug 74, he was released from.active 
duty and  transferred to the Air  Force Reserve at  Expiration of 
Term of Active Obligated Service in the grade of sergeant  ( E - 4 )  . 
He was honorably discharged from the Air Fore Reserve on 5 Aug 77 
in the grade of sergeant (E-4), Reserve Order CA-033984. 
Applicant's DD Form 214  (Blocks 18 .f .  and  19) does not  reflect 
any  foreign travel  while  in  the  Regular  Air  Force  (6 Aug  71 
through 5 Aug 75) . 
The  applicant  provided  documentation  regarding  his  award 
recommendation  package. 
On  18  Aug  92,  applicant's  former 
squadron commander requested a waiver of the time limitations and 
resubmitted his recommendation for award of  the Airman's Medal. 
On  29  Dec  92, Air  Training  Command  (ATC/ADP) disapproved  the 
award recommendation; however, they suggested award of the AFCM, 
pending approval of a time limitation by AFMPC.  The request f o r  
waiver of the time limitation was disapproved by AFMPC on 10 Feb 
93.  These documents are appended at Exhibit A, atch 1. - 

The Recognition and Programs Branch, AFMPC/DPMASA, reviewed this 
application regarding award of  the Air Force Commendation Medal 
(AFCM) and  recommended denial.  They  stated  that  the Airman's 
Medal  was  disapproved  and  award  of  the  AFCM  was  recommended 
pending approval of  waiver of  time limitation by  the Air  Force 
Military  Personnel Center  (AFMPC).  The  request  for waiver  of 
time limitation was disapproved by AFMPC based on the fact that 
status checks were made in 1972 and 1973 and no action was taken. 
The  governing directive outlines desired  timely  submission f o r  
recognition for outstanding achievement  "submission by  60 days 
after  the  act  or  achievement." 
The  governing  regulation' 
stipulates statutory time limitations as "formally entered into 
official channels within 2 years and decoration awarded within 3 
years of the termination date of the act, achievement or service 
Over  20  years  have  passed  since  the  act  was 
performed. 
performed in this case.  A complete copy of  this evaluation is 
appended at Exhibit C. 
An  additional advisory opinion was requested regarding correction 
of  the  applicant's  rank  upon  discharge  from  the  Air  Force 
Reserve. 
The Air Reserve Personnel Center, HQ ARPC/DPAD, stated that the 
applicant's  military  personnel  records  indicate  his  last 
promotion was to the rank of  sergeant  (E-4).  He was discharged 
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by Reserve Order CA-033984,  6  A u g   77, with the rank of  sergeant 
( E - 4 )   as verified by  the notarized copy of  the discharge order. 
The documents furnished by the applicant as attachments to his DD 
Form  1 4 9   were  falsified to indicate the rank of  staff sergeant 
( E - 5 )   by  someone other than the orders issuing authority.  They 
recommend denial of the applicant's request.  A  complete copy of 
this evaluation is appended at Exhibit D. 

F EVAIiUATION: 

A copy of the Air Staff evaluation was forwarded to applicant on 
2 8   May 93  for review and response.  A copy of the additional Air 
Staff  evaluation was  forwarded  to  applicant  on  9  Mar  94  for 
review  and  response.  As  of  this  date, no  response  has  been 
received by this office (Exhibit E). 

1.  The application was not  filed within three years after the 
alleged error or injustice was discovered, or  reasonably could 
have  been  discovered, as  required  by  Section  1 5 5 2 ,   Title  1 0 ,  
United States Code  ( 1 0   USC 1 5 5 2 ,   and Air Force Regulation 3 1 - 3 .  
Thus the application is untimely. 
2 .   Paragraph b of 1 0   USC 1552  permits us, in our discretion, to 
excuse  untimely  filing  in  the  interest  of  justice.  We  have 
carefully reviewed applicant's submission and the entire record, 
and  we  do not  find a sufficient basis  to  excuse  the  untimely 
filing  of  this  application.  The  applicant  has  not  shown  a 
plausible reason for delay in filing, and we  are not persuaded 
that the record raises issues of error or injustice which require 
resolution on the merits at this time .  Accordingly, we-conclude 
that  it would  not be  in the interest of  justic.e to  excuse the 
untimely filing of the application. 

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 this application in 
Executive Session on 9 Jun 94,  under the provisions of AFR 3 1 - 3 :  

G. Hammond Myers,  111, Panel Chairman 
Scott W. Stucky, Member 
Joseph T. Wagner, Member 

The following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 8 Apr 93, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFMPC/DPMASA,  dated 13 May  93. 
Exhibit D,  Letter, ARPC/DPAD, dated 11 Jan 94. 
Exhibit  E.  Letters, AFBCMR, dated 28 May 93 and 9 Mar 94. 

Panel Chairman  I 

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