RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02605
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Iraq Campaign Medal (ICM) based on his
deployment in support of Operation Iraqi Freedom (OIF).
APPLICANT CONTENDS THAT:
He earned the medal and should be able to wear it.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
3 Dec 90.
On 10 Jul 03, the applicant was furnished an honorable
discharge, and was credited with 5 years, 7 months, and 14 days
of active service.
In accordance with AFI 36-2803, The Air Force Military Awards
and Decorations Program, the ICM period of eligibility is on or
after 19 Mar 03 to 31 Dec 11. Service members must have been
assigned, attached, or mobilized to units operating in the area
of eligibility for 30 consecutive days or for 60 non-consecutive
days or meet one of the following criteria:
a. Be engaged in combat during an armed engagement,
regardless of the time in the area of eligibility,
b. While participating in an operation or on official duties,
is wounded or injured and requires medical evacuation from
the area of eligibility.
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:
ARPC/DPTS recommends denial indicating there is no evidence of
an error or an injustice. In accordance with AFI 36-2803, The
Air Force Awards and Decorations Program, the ICM recognizes
service members who serve or have served in the country of Iraq
in support of Operation IRAQI FREEDOM or Operation NEW DAWN, the
area of eligibility encompasses all land and air space of the
country of Iraq, to include the contiguous water and air space
out to 12 nautical miles. The applicant was deployed to Moron
Air Base, Spain and does not meet the criteria stated above.
A complete copy of the ARPC/DPTS 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 25 Aug 14 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, 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-2014-02605 in Executive Session on 25 Mar 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02605 was considered:
Exhibit A. DD Form 149, dated 5 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPTS, dated 7 Aug 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14.
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