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AF | BCMR | CY2014 | BC 2014 03096
Original file (BC 2014 03096.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03096

  					COUNSEL:  NONE

					HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be updated with the following:

Removal of Mid-East Crypto Linguist Craftsman Arabic (advanced) 
course (3ME), dated Jan 1993; (Administratively corrected) 

Award of Joint Meritorious Unit Award (JMUA) with two Bronze Oak 
Leaf Clusters (w/2BOLC); (Administratively corrected)

Approval of the Legion of Merit (LOM) for period of service June 
2011 to June 2012.


APPLICANT CONTENDS THAT:

He never attended the 3ME course but instead completed the 
Missile Academic Instructor Course during the time period in 
which the 3ME course occurred.  

Only one JMUA is reflected on his DD Form 214 but he served in 
three units given the award during different time periods:  
USJFCOM Joint War Fighting Center from 1 Jan 02 to 30 Nov 04; 
Joint Staff from 12 Sep 03 to 17 Sep 07; and Joint Staff from 18 
Sep 07 to 31 Dec 11. 

On the occasion of his retirement, the Missile Defense Agency 
(MDA) recommended him for the LOM.  However, they submitted the 
package after his retirement date and it therefore was not 
considered by the approval authority.

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


STATEMENT OF FACTS:

On 22 Jun 89, the applicant entered the Regular Air Force.

Information provided by the applicant, AF Form 1256, Certificate 
of Training, shows the applicant completed the Missile Academic 
Instructor Course 184500-001 on 15 Jan 93.

Information provided by the applicant, a copy of the Office of 
the Under Secretary for Personnel and Readiness website, Table 
1. Joint Meritorious Unit Award – Approved DoD Activities, 
documents the following units were awarded the JUMA: USJFCOM, 
Norfolk, Virginia for period 1 Jan 02 to 30 Nov 04; The Joint 
Staff (to include the Office of the CJCS and DIA/J-2) for period 
12 Sep 03 to 17 Sep 07; and The Joint Staff (to include the 
Office of the CJCS and DIA/J-2) for period 18 Sep 07 to 31 Dec 
11.  

On 31 Jul 12, the applicant was relieved from active duty and 
retired, effective 1 Aug 12.  He was credited with 23 years, 1 
month and 10 days of active service.    


AIR FORCE EVALUATION:

AFPC/DPSIT determined the training corrective action requested 
has been resolved through pertinent administrative procedures 
which do not require referral to the Air Force Board for 
Correction of Military Records (AFBCMR).  DPSIT verified the 
applicant completed the Missile Academic Instructor Course on 15 
Jan 93 and validated removal of the course he did not complete.    

The complete DPSIT evaluation is at Exhibit C.

AFPC/DPSID recommends the Air Force Decorations Board advise on 
whether the applicant’s LOM package would have been approved had 
it been submitted into official channels.

Based on review of the applicant’s official military personnel 
record, DPSID verified award of the JUMA w/2BOLC.  They were 
able to determine the below Air Force Medal and/or Ribbon should 
have been awarded during the applicant’s service from 22 Jun 89 
to 31 Jul 2012 and was not reflected in his record.  Upon final 
board decision, administrative correction of the applicant’s 
official military personnel record will be completed by 
AFPC/DPSOR:

	*Joint Meritorious Unit Award with two Bronze Oak Leaf 
Clusters (JMUA w/2BOLC).    

The complete DPSID evaluation is at Exhibit D.

SAF/MRBP reviewed the applicant’s records and supporting 
documents requesting his DD Form 214 be updated to reflect the 
award of the LOM.  The submission for the LOM requires an 
exception to policy (ETP) for two reasons:  he was in a non-
qualifying position (NQP); and he lacked the necessary 18 months 
time-in-position (TIP).  Either of these ETP considerations 
requires Secretary of the Air Force Personnel Counsel 
consideration, regardless of the timing of the Décor 6 
submission coming prior to or after his retirement.  The 
narrative for the LOM is not sufficient to overcome two ETP 
considerations despite being submitted on the occasion of his 
retirement from active duty.  Exceptions to policy require 
justification for each exception.  The justification must also 
demonstrate the actions of the nominee were so exceptional to 
overcome the NQP and the lack of sufficient TIP.     

The complete MRBP evaluation is at Exhibit E.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 Apr 15 for review and comment within 30 days 
(Exhibit F).  As of this date, no response has been received by 
this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
correction of the applicant’s records to reflect his entitlement 
to the LOM.  We took notice of the applicant's complete 
submission, including attachments, in judging the merits of the 
case; however, we agree with the opinion and recommendation of 
the Air Force offices of primary responsibility and adopt their 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting relief beyond that rendered administratively.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.  


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03096 was considered:

	Exhibit A.  DD Form 149, dated 27 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIT, dated 6 Aug 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 24 Nov 14.
	Exhibit E.  Memorandum, SAF/MRBP, dated 14 Jan 15.
	Exhibit F.  Letter, SAF/MRBR, dated 4 Apr 15.

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