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AF | BCMR | CY2013 | BC 2013 05608
Original file (BC 2013 05608.txt) Auto-classification: Denied

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.   
 

 

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