ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2010-04176

		COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect eight months of foreign-service.  



RESUME OF CASE:

On 25 May 11, the Board considered and denied the applicant’s original request to make the same corrections to his records.  In the original case, the applicant contended he served on temporary duty (TDY) in Vietnam and Okinawa, Japan, and submitted a sworn statement from an alleged eyewitness who served with him in Vietnam in support of his request.  The Board determined the evidence submitted was insufficient to demonstrate the existence of an error or injustice, noting the eyewitness statement was not notarized, and stating that should the applicant provide notarized statements indicating he served in Vietnam, paid travel vouchers, or some other form of evidence to verify his claim, the Board would reconsider his application.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit E.  

On 25 Sep 13, the applicant submitted a request for reconsideration of his original request, stating he served eight months of foreign service between Vietnam, Okinawa, and Germany, and he was awarded the AFEM for this service.  In Vietnam, he served with the 4500th Air Police Squadron guarding C-130s during the period Aug 64 through Nov 64.  Having no foreign-service credit on his DD Form 214 is inconsistent with his AFEM.  

The applicant’s complete submission is at Exhibit F.  

On 20 Feb 14, AFPC/DPAPP directed the applicant’s DD Form 214 be corrected to reflect 4 months and 13 days of foreign-service credit for his service in Germany during the period 3 Oct 63 through 15 Feb 64.  

On 25 Apr 14, AFPC/DPSIDR directed the applicant’s DD Form 214 be corrected to add the National Defense Service Medal (NDSM). 

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits G and H.    



AIR FORCE EVALUATIONS:

AFPC/DPAPP recommends denial indicating there is no evidence of an error or an injustice.  A review of the applicant’s military records reveals foreign-service in Germany during the period 3 Oct 63 through 15 Feb 64.  His DD Form 214 has been updated to reflect 4 months and 13 days foreign-service.  Although the applicant’s has numerous entries on his AF Form 7 and in his performance reports which reflect temporary duty (TDY) assignments, there is insufficient information to identify the exact location of the TDYs. 

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

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice.  The applicant contends he was awarded the AFEM for his eight months of foreign-service.  The AFEM may be awarded to members who, after 1 Jul 58, have participated as members of United States military units in a United States military operation in which service members of any Military Department participate, in which, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize.  The service member must be bona fide member of a unit engaged in the operation or meet one or more of the following criteria:  permanently assigned, attached, or detailed to a unit that participated in or were engaged in direct support of the operation for 30 consecutive days in the designated area for eligibility (or for the full period when an operation is less than 30 days duration); or for 60 non-consecutive days provided the support involved entering the area of eligibility; be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; participated as a regularly assigned crew member of an aircraft flying into, out of, within or over the area of support of the military operation.  A thorough review of the applicant’s official military personnel record was unable to verify why the applicant was awarded the AFEM.   

A complete copy of the AFPC/DPSID evaluation is at Exhibit H.




APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 20 May 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit I).



THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting additional relief beyond that rendered administratively.  We took notice of the applicant’s complete submission in judging the merits of the case.  We note AFPC/DPAPP administratively corrected the applicant’s records to show he was credited with foreign service for his service in Germany.  However, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion that the evidence presented is not sufficient to conclude that additional relief is warranted.  While the Board acknowledges the applicant was awarded the AFEM during his military career, neither a review of his official military records nor the documentation he submitted with his request for reconsideration establishes he served in Okinawa, Japan or Vietnam, or why he received the AFEM.  While it is certainly possible he received the AFEM for service in the in the countries he claims to have served, without any specific evidence indicating the location and dates of his purported service, it is impossible for us to calculate with any certainty the amount of any additional foreign service credit, if any, that would be due.  Therefore, we find no basis to recommend granting additional relief beyond that which was previously provided through administrative resolution.



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-2013-04176 in Executive Session on 2 Oct 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:
	Exhibit E.  Record of Proceedings, 7 Jun 11, w/atchs. 
	Exhibit F.  DD Form 149, dated 25 Sep 13, w/atch.
	Exhibit G.  Letter, AFPC/DPAPP, dated 20 Feb 14, w/atch. 
	Exhibit H.  Letter, AFPC/DPSID, dated 25 Apr 14.
	Exhibit I.  Letter, SAF/MRBR, dated 20 May 14.