Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-02918
Original file (BC-2005-02918.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02918
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  25 Mar 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of short tour  credit  based
on the temporary duty (TDY) he performed in support of OPERATION IRAQI
FREEDOM.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was deployed with 415 other airmen, of  which  385  received  short
tour credit.  He and thirty others did not received short tour  credit
because they were bumped off  their  rotator  (scheduled  flight)  for
three days.  Since he was a part of the same deployment,  he  believes
it was unjust to not award him short tour credit.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to his deployment.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
the applicant is currently serving on active  duty  in  the  grade  of
airman first class, having been promoted to that grade on 23  Jan  04.
His Total Active Federal Military Service Date (TAFMSD) is 9 Dec 03.

The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommended denial noting the applicant was  on  orders  in
support of OPERATION IRAQI FREEDOM.  He departed for Atlanta,  Georgia
on 3 Jan 05 for 21 days of pre-deployment training. On 31 Jan 05,  the
applicant arrived in Kuwait.  AFPC/DPAPP further noted the applicant’s
statement he was on deployment with 415 airmen, and 30 of those airmen
got bumped off their rotator and had to stay in Atlanta,  Georgia  for
three additional days.  The applicant was one of those airmen that had
to stay behind.  His deployment ended on 28 Jul O5, which brought  his
TDY accumulation to 178 days.

AFPC/DPAPP indicated that based on the eligibility criteria, a  member
must be TDY a minimum of 181 consecutive days in  a  hostile  fire  or
imminent danger pay area, and that he does not meet these requirements
for award of short tour credit.

A complete copy of the AFPC/DPAPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 7 Oct
05 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

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  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  the  majority  of  the  Board  does  not  find  the
applicant’s assertions or his  supporting  documentation  sufficiently
persuasive to override the rationale provided by the Air Force  office
of  primary  responsibility  (OPR).   Therefore,  in  the  absence  of
sufficient evidence the applicant met  the  established  criteria  for
award of short tour credit, or was  treated  differently  from  others
similarly situated, the majority agrees with the recommendation of the
OPR and adopts the rationale presented as the basis for  its  decision
that the applicant has failed to sustain his burden of establishing he
has suffered either  an  error  or  an  injustice.   Accordingly,  the
majority finds no compelling basis to recommend  granting  the  relief
sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02918 in Executive Session on 15 Nov 05, under the provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Jean A. Reynolds, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Mr. Peterson voted to grant the appeal but did not desire to submit  a
minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Aug 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPAPP, dated 27 Sep 05.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Oct 05.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-02918






MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.





                                           JOE G. LINEBERGER
                                           Director
                                           Air Force Review Boards
Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-02919

    Original file (BC-2005-02919.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He was deployed with 415 other airmen, of which 385 received short tour credit. As of this date, no response has been received by this office (Exhibit C). _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

  • AF | BCMR | CY2006 | BC-2005-02634

    Original file (BC-2005-02634.doc) Auto-classification: Denied

    --The Republic of Vietnam Campaign Medal (RVNCM) is awarded to members who: (1) served for six months in South Vietnam during the period 1 Mar 61 and 28 Mar 73; (2) served outside the geographical limits of South Vietnam and contributed direct combat support to the RVN Armed Forces for an aggregate of six months--only members who meet the criteria established for the AFEM (Vietnam) or the VSM during the period required are considered to have contributed direct combat support to the RVN Armed...

  • AF | BCMR | CY2006 | BC-2005-03943

    Original file (BC-2005-03943.doc) Auto-classification: Approved

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to take 30 days leave during FY 05 due to AEF deployment, TDYs, exercises and upgrade training. AFI 36-3003, Military Leave Program, Note below Para 10.9.7, states, in part, that member’s application must clearly establish that an error or injustice by the Air Force caused the member’s lost leave. A complete copy of the Air Force evaluation is at Exhibit...

  • AF | BCMR | CY2005 | BC-2005-01739

    Original file (BC-2005-01739.doc) Auto-classification: Denied

    The AFOSR-S and the AFOSR-L were authorized on 12 Oct 80, and awarded to Air Force active duty, Reserve, and National Guard personnel who have been awarded credit for an OS tour after 1 Sep 80. In this regard, the AFOSR-S and the AFOSR-L were authorized on 12 Oct 80 for those members who had been credited with an OS tour after 1 Sep 80. The applicant did not complete an OS tour after that date.

  • AF | BCMR | CY2007 | BC-2006-03721

    Original file (BC-2006-03721.doc) Auto-classification: Denied

    We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice. The applicant did not provide any documentation showing he was assigned or TDY to Korea. There is no documentation in the applicant’s military records to reflect he was assigned or TDY to Korea.

  • AF | BCMR | CY2006 | BC-2006-O1230

    Original file (BC-2006-O1230.doc) Auto-classification: Approved

    The applicant also failed to provide support from the SR or MLR president concurring with changing the PRF to read ""35 missions/415 combat hours." Therefore, the majority of the Board believes his PRF should be corrected as requested and, to preclude any possibility of a promotion injustice to the applicant, his corrected record should be considered for promotion by an SSB for the CY05A Lieutenant Colonel Selection Board. After correction, the records will be reviewed to determine if you...

  • AF | BCMR | CY2006 | BC-2005-02980

    Original file (BC-2005-02980.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02980 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 April 2007 ________________________________________________________________ APPLICANT REQUESTS THAT: The time he spent in Korea and on Iwo Jima be reflected on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, so that he can prove his eligibility for...

  • AF | BCMR | CY2013 | BC 2013 04761

    Original file (BC 2013 04761.txt) Auto-classification: Denied

    The AFOR-ST is awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 Sep 80. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice. A complete copy of the AFPC/DPAPP evaluation is at Exhibit...

  • AF | BCMR | CY2007 | BC-2005-01623

    Original file (BC-2005-01623.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAPP recommends granting the applicant’s request as an exception to policy. This fact is confirmed by a memo from Major General Michael J. Ingelido, USAF Retired. DPPRY states there is no evidence in the applicant’s military records that indicates he had PCS’d to Vietnam.

  • AF | BCMR | CY2012 | BC-2012-03549

    Original file (BC-2012-03549.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03549 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His military personnel records be corrected to reflect he served in the Republic of Vietnam and Southeast Asia from 10 Jul 67 through 11 Jan 68. The remaining relevant facts pertaining to this application are contained in the letter prepared by the...