RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02044
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:
1. The date he entered active duty as 18 Sep 72, instead of 18 Aug 76.
2. He was awarded the Cold War Medal and other awards/decorations not recorded on the DD Form 214.
APPLICANT CONTENDS THAT:
His DD Form 214 is incorrect showing that he entered active duty on 18 Aug 76; he entered active duty on 18 Sep 72 under the delayed enlistment program. Additionally, it does not reflect the Cold War Medal and other awards he should have been awarded during his active duty service.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 18 Sep 72.
On 17 Aug 76, the applicant was furnished an honorable discharge, with a separation program designator (SPD) code KHC (immediate reenlistment), and was credited with 3 years and 11 months of active service.
On 18 Aug 76, the applicant reentered the Regular Air Force.
On 31 Dec 92, the applicant was furnished an honorable discharge, and was retired, effective 1 Jan 93, and was credited with 20 years, 4 months, and 13 days of active service.
On 3 Oct 14, AFPC/DPSIPV sent a letter to the applicant advising him that he was the recipient of two DD Forms 214, and that periods of time captured on a previous DD Form 214 cannot be combined with a later DD Form 214. Therefore, both forms should always be used together as one document to capture his time in the military. They determined his DD Form 214 issued upon his retirement, block 12d, prior service, should have reflected 3 years, 11 months, and 0 days as recorded on the previous DD Form 214, dated 17 Aug 76, block 19c. As a result, they will issue him a DD Form 215, a correction to that DD Form 214.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice regarding award of the Cold War Medal. The Cold War Medal/Certificate recognizes members of the Armed Forces and civilian personnel of the United States Government who served in the United States during the Cold War. The endeavor is being conducted by the Department of the Army. Commemorative medals, such as the Cold War Medal, are not official awards or decorations of the Air Force or the Department of Defense and are not awarded or issued by the United States government. To grant relief would be contrary to the criteria established by DoDM 1348.33, Military Awards Program, the Secretary of the Air Force, Chief of Staff, and/or the War Department. The applicant may order his certificate online, or by contacting the United States Army Human Resource Command (USAHRC).
Notwithstanding the above, based on further research of the applicants personnel records, AFPC/DPSID was able to determine that the Air Force Outstanding Unit Award with four Bronze Oak Leaf Clusters (AFOUA w/4BOLC) should have been awarded during the applicants service from 18 Sep 72 to 31 Dec 92 and was not reflected in his records. Administrative correction of the applicants personnel records reflecting award of the AFOUA w/4BOLC, will be completed by AFPC/DPSOR.
A complete copy of the AFPC/DPSID 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 6 Jan 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of applicants 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, while we note the Air Force office of primary responsibility has seen fit to make a variety of administrative corrections to the applicants records, we cannot conclude it would be in the interest of justice to excuse the applicants 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-2014-02044 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-02044 was considered:
Exhibit A. DD Form 149, dated 14 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 24 Nov 14,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 15.
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