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 applicants 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
applicants 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 applicants
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 boards 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 applicants 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. Applicants Military Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 24 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Apr 14.
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