RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-04595 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 12, Foreign Service, be corrected to reflect seven months, rather than three months and four days. ________________________________________________________________ APPLICANT CONTENDS THAT: His four months of foreign service at Aviano AB, Italy, for which he earned the North Atlantic Treaty Organization (NATO) Medal, are not reflected on his DD Form 214. In support of his appeal, the applicant provides copies of his DD Form 214, Contingency Exercise and Mobility (CEM) order, and excerpts of his college transcripts. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 7 Mar 94 and was progressively promoted to the grade of senior airman (E-4), effective and with a date of rank of 7 Sep 96. On 6 Mar 98, the applicant was honorably discharged at the completion of his required active service and was credited with four years of total active service. On 18 Mar 10, AFPC/DPAPP requested additional information from the applicant regarding the matter under review. In response, he provided a copy of his AF Form 623a, On-The-Job Training Record Continuation Sheet, and an expanded statement indicating his entitlement to the NATO Medal, in addition to all the other evidence provided, should be sufficient to substantiate his contentions. Item 13 of the applicant’s DD Form 214 reflects his entitlement to the NATO Medal. In accordance with DoD 1348.33-M, Manual of Military Decorations and Awards, the NATO Medal was approved for U.S. military personnel who served under NATO command or operational control in direct support of NATO operations in the former Republic of Yugoslavia (FRY), or as designated by Supreme Allied Commander, Europe from July 1, 1992 - Oct. 12, 1998. In accordance with HQ CINCUSAREUR guidance during the period in question, qualifying periods of service were 30 days (continuous or accumulated) in the territory or air and space of the FRY and the Adriatic Sea, or 90 days (continuous or accumulated) in direct support of NATO operations in areas adjacent to the FRY. The area of eligibility included the countries of Italy, Greece, Hungary, and Austria. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial, indicating there is no evidence in the record to confirm the applicant’s participation in the contested deployment. Although he did provide a copy of a temporary duty (TDY) order, the order itself does not prove he actually deployed to Aviano AB, Italy. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 16 Apr 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant crediting the applicant with four additional months of foreign service. We note the comments by AFPC/DPAPP indicating the TDY order provided by the applicant is not sufficient, in and by itself, to confirm his claim he was deployed to Aviano AB, Italy for four months. Nonetheless, after careful review of the available records and the applicant’s complete submission, including his DD Form 214 reflecting his entitlement to the NATO Medal, we believe a preponderance of the evidence supports he is entitled to credit for four additional months of foreign service. Although the applicant requests his records be changed to reflect seven months of foreign service, the Board determined he should be credited with seven months and four days of total foreign service. Therefore, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his DD Form 214, block 12f, Foreign Service, be corrected to reflect 7 months and 4 days, rather than 3 months and 4 days. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-04595 in Executive Session on 13 Jul 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Nov 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 5 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 16 Apr 10. Panel Chair