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 applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicants 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 applicants 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 applicants 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 applicants 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
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