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AF | BCMR | CY2007 | BC-2007-00095
Original file (BC-2007-00095.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00095
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXX                  COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 July 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214 be corrected to  reflect  entitlement  to  the  Humanitarian
Service Medal (HSM).

________________________________________________________________

APPLICANT CONTENDS THAT:

She did not discover she was eligible for award of the HSM until  after  her
retirement.  She was advised by another  service  member  who  was  assigned
with her  at  Incirlik  AB,  Turkey,  that  they  had  earned  the  HSM  for
supporting Operation PROVIDE COMFORT (OPC).

In support of her application, she has provided copies of her DD  Form  214,
dated 31 August 2004, an AFPC website  document  containing  eligible  areas
and dates pertaining to the award of the HSM for OPC, DAF  SO GA-088,  dated
8 March 1995, an Air  Force  Commendation  Medal  (AFCM)  citation  for  the
period 7 September 1992 to 6 September 1994, and the AFCM  awarded  for  the
period 7 September 1992 to 6 September 1994.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty from 9 February 1983  until  her  retirement
in the grade of master sergeant on 1 September 2004.  At  the  time  of  her
retirement, she was serving as a supply systems  analyst  and  was  credited
with a total of six years, two months, and 10 days of Foreign Service.

Her application has been  partially  resolved  administratively.  AFPC/DPPPR
has verified her entitlement to the AFOUA w/V and 5OLC, GWOT-E, GWOT-S,  and
the AFESR with Gold Border, and has taken action  to  correct  her  DD  Form
214.

DoD 1348-33-M and AFI 36-2803, Table 6.1, Note  3,  state  the  HSM  may  be
awarded to members of the U.S. Armed  Forces  who,  subsequent  to  1  April
1975,  distinguished  themselves  as  individuals  or  as  members  of  U.S.
military  units  or  ships,  by  meritorious,  direct  participation  in   a
significant military act, or operation  of  a  humanitarian  nature.  Direct
participation is defined as  being  physically  present  at  the  designated
location,  having  directly  contributed  to  and  influenced  the   action.
Designated location is the immediate site(s) of the humanitarian  operations
as defined by the Presidential request for assistance in the  U.S.,  or  the
Department  of  State  for  overseas  areas.   Specifically  excluded   from
eligibility for the  HSM  are  Service  members  or  elements  remaining  at
geographically separated locations, or who were assigned  to  the  location,
but did not  make  a  direct  contribution  to  nor  influence  the  action.
Members seeking the HSM  for  past  operations  must  provide  documentation
verifying their direct participation in the operation.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of applicant’s request  to  award  the  HSM  in
direct support of OPC.  She was assigned to the 39th Supply SQ,  a  part  of
the 39th Wing, at Incirlik AB, Turkey, from 7 September 1992 to  6 September
1994.  She believes she is entitled to the HSM in support  of  OPC  from  16
April 1992 to 31 July 1993.  However, she  was  not  assigned  to  temporary
duty in support of OPC; rather,  she  was  assigned  to  the  39th  Wing  as
permanent party to the 39th Supply SQ.  Therefore, she is not  eligible  for
this award.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  9
February 2007, for review and comment, within 30 days.  However, 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  error  or  injustice.   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 and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   The  Board
noted that she was assigned as permanent party  to  the  39th Supply  SQ,  a
part of the 39th Wing, at Incirlik  AB,  Turkey,  during  Operation  PROVIDE
COMFORT, and was awarded the  First  Oak  Leaf  Cluster  to  her  Air  Force
Commendation Medal for developing a new  computer  scheduling  program  that
assisted deployed units in support of Operation PROVIDE  COMFORT.   However,
there is no evidence that she made a direct contribution to, nor  influenced
the action.  Should the applicant  provide  documentation  that  she  was  a
direct participant in Operation PROVIDE COMFORT, the Board would  reconsider
her request.   However,  in  the  absence  of  such  evidence,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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  Docket  Number  BC-2007-00095
in Executive Session on 22 March 2007, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 Jan 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 07.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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