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