RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03040
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive reconsideration and be awarded the Bronze Star Medal
(BSM).
APPLICANT CONTENDS THAT:
His request for award of the BSM has been submitted three times
by his commander without actual knowledge of the appeal process.
He feels his request has been swept under the rug following
Operation DESERT SHIELD/STORM/CALM.
He has tried to pursue reconsideration several times over the
years with no positive outcome.
In support of his request, the applicant has provided numerous
documents for the Boards consideration to include copies of the
original BSM package, a copy of a letter from the Vice
Commander, Air Force Reserve, downgrading the BSM to an Air
Force Commendation Medal (AFCM), dated 5 Feb 93, a copy of
Special Order GA-488, awarding the AFCM, dated 6 May 93, a copy
of a letter of reconsideration for award of the BSM, dated 5 May
94, a copy of a letter of recommendation and reconsideration for
award of the BSM, stamped Disapproved, dated 5 May 94, and a
copy of the applicants DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 25 Jun 03, the applicant retired in the grade of Master
Sergeant and credited with 30 years, 10 months, and 28 days of
service.
The applicants numerous DD Form 214s reflect the award of the
following Air Force Medals and/or Ribbons:
- Meritorious Service Medal
- Air Force Commendation Medal
- Air Force Achievement Medal
- Southwest Asia Service Medal with two devices
- Kuwait Liberation Medal (Kuwait)
- Kuwait Liberation Medal (Sadia Arabia)
- Joint Meritorious Unit Award
- Air Force Longevity Service Award Ribbon with two devices
- Armed Forces Reserve Medal
- National Defense Service Medal with one device
- Marine Corps Good Conduct Medal
- Air Force Outstanding Unit Award with three devices
- Small Arms Expert Marksmanship Ribbon
- Air Force Training Ribbon
- Air Reserve Forces Meritorious Service Medal with four
devices
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. Furthermore, they point out the
request has not been submitted in a timely manner.
The applicant was originally submitted for the BSM in Aug 92 by
his Commander. In Feb 93, the Air Force Reserves Vice Commander
to the United States Central Command Air Forces, recommended the
applicants BSM be downgraded to the AFCM. Per United States
Central Command Air Forces, Special Order GA-488, dated 6 May 93
the applicant was awarded the AFCM.
In May 94, a request for reconsideration of the BSM was
submitted and DISAPPROVED.
They contend that the original award authority is more likely to
have first-hand knowledge of the events and situation. And, as
the reconsideration took place within a year of the downgrade,
it is also their belief that a fair determination was made in a
short period from the downgrade.
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 Feb 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, 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-2014-03040 in Executive Session on 2 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-03040 was considered:
Exhibit A. DD Form 149, dated 23 Jul 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 24 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 6 Feb 15.
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