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AF | BCMR | CY2014 | BC 2014 01461
Original file (BC 2014 01461.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01461

			COUNSEL:  NONE

			HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

1.  He be entitled to the Air Force Overseas Ribbon-Short Tour.

2.  He be entitled to the Air Force Overseas Ribbon-Long Tour.

3.  He be entitled to the Air Force Basic Military Training Ribbon.


APPLICANT CONTENDS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not display these three entitled ribbons.

The Board should find it in the interest of justice to consider his untimely application because he is now on the Military Rites Honorary Team for Burial in Miami, IN and he needs to wear his ribbons when performing his duties.

In support of his request the applicant provides a copy of his DD Form 214.

The applicant’s complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 18 Sep 63 to 31 May 84.  His DD Form 214 reflects four years, 10 months, and 27 days of Foreign Service. 

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.


AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial for award of the Air Force Overseas Ribbon-Short Tour and the Air Force Overseas 
Ribbon-Long Tour.  The Air Force Overseas Ribbon was authorized by Chief of Staff, United States Air Force, on 12 Oct 80.  The ribbon was authorized to be awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sept 80.  Only individuals serving on active duty as of 6 Jan 86 are eligible to have the Air Force Overseas Ribbon applied retroactively for completion of an overseas tour.

The applicant served overseas before the authorization date of the Air Force Overseas Ribbon, rendering the applicant ineligible for award of the Air Force Overseas Ribbon-Short Tour and the Air Force Overseas Ribbon-Long Tour.  The applicant was not serving on active duty as of 6 Jan 86 when the Air Force Overseas Ribbon was made retroactive; therefore, is ineligible for a retroactive award.

Additionally, DPSIDR recommends denial for award of the Air Force Basic Military Training Ribbon.  The Air Force Training Ribbon was established on 12 Oct 80, and is awarded to members who, after 14 Aug 74, complete an initial Air Force accession training program (BMT, officer training school (OTS), Reserve Officers Training Corps (ROTC) Academy, Medical Services, Judge Advocate, Chaplain Orientation, and so forth).  

The applicant completed initial accession training prior to the eligibility date for award of the Air Force Training Ribbon.  To grant relief would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation, was forwarded to the applicant on 1 Aug 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).


FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file 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.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 


THE BOARD DETERMINES THAT:

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-2014-01461 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:



The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 4 Apr 14, w/atch.
Exhibit B.  Master Personnel Records
Exhibit C.  Letter, AFPC/DPSID, dated 7 Jul 14.
Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 14.


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