RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03228 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be credited/awarded for his service in Germany during Operation DESERT SHIELD/DESERT STORM (ODS). ________________________________________________________________ APPLICANT CONTENDS THAT: He did not have enough time to correct his DD Form 214, Certificate of Release or Discharge from Active Duty, prior to retiring. He should be credited with his service in support of ODS as doing so will have an impact on his employment with the Federal government. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 18 Aug 78 and served on active duty until 30 Sep 95, when he was retired under the temporary early retirement authority (TERA) and was credited with 17 years, 1 month, and 13 days of total active service. On 27 Sep 12, AFPC/DPAPP notified the applicant they were able to verify his service in Germany and Korea and that his Foreign Service, as reflected on his DD 214, would be corrected accordingly. Furthermore, while he was assigned in Germany, he performed several temporary duty (TDY) assignments in support of Operations PROVIDE HOPE and PROVIDE PROMISE; however, since he was assigned overseas at the time, his Foreign Service would not be adjusted for the TDYs. 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/DPSID recommends denial of the applicant’s request for awards for service in support of Operation DESERT SHIELD/DESERT STORM, indicating that Germany is not considered to be one of the qualifying areas of eligibility for awards related to the noted operations. They were able to determine the applicant should have been awarded the Meritorious Service Medal and the Korean Defense Service Medal during his service and his official military personnel records will be administratively corrected by AFPC/DPSOY. A complete copy of the AFPC/DPSID evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Dec 12 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice related to the applicant’s request for awards related to Operation DESERT SHIELD/STORM. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the Air Force OPR has determined the applicant is entitled to credit for his foreign service while stationed in Germany and Korea, as well as award of the KDSM and the MSM, and has corrected his records administratively. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. ________________________________________________________________ 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 members of the Board considered AFBCMR Docket Number BC-2012-03228 in Executive Session on 28 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03228 was considered: Exhibit A. DD Form 149, dated 20 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12. Panel Chair