RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01667

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

1.  His DD Form 214, Report of Separation From Active Duty, be corrected to reflect he performed temporary duty (TDY) in Saudi Arabia and Jordan.  

2.  His DD Form 214 be corrected to reflect all awards and decorations, to include the Air Force Overseas Ribbon—Short Tour (AFOR-ST), which was inadvertently excluded.  

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APPLICANT CONTENDS THAT:	

He has various unexplained medical issues and should receive any available veterans’ administration (VA) compensation for his unknown exposure to many chemicals and dioxins during his service in the Middle East.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 10 Jul 75.  

On 19 Jan 79, the applicant was honorably discharged and was credited with four years and seven days of active service.

On 26 Jun 13, AFPC/DPAPP notified the applicant that after a complete review of his official military records and the documentation he provided, they were able to verify and confirm his boots on ground foreign service time at Dhahran, Kingdom of Saudi Arabia.  However, they were unable to determine the amount of time served at Dhahran.  He was advised to provide any documentation available that reflected the amount of time served in the Kingdom of Saudi Arabia or Jordan.  Also, he was advised that the amount of foreign service time reflected on his DD Form 214 was correct; therefore, a correction was not needed.  As specific locations are not annotated on the DD Form 214, he was provided a letter documenting that he had “boots on ground” for the Kingdom of Saudi Arabia.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial in regards to the applicant’s request to be credited with foreign service in Jordan.  Based on the information provided and the applicant’s master personnel records, there is nothing to substantiate any foreign service time served by the applicant in Jordan.  However, although the length of time could not be determined, the applicant was credited with foreign service at Dhahran, Kingdom of Saudi Arabia.  

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

AFPC/DPSID recommends denial in regards to the applicant’s request for award of the AFOR-ST and any other additional awards.  The AFOR-ST was authorized by the Chief of Staff, United States Air Force on 12 October 1980 to be awarded to Air Force and Air Force Reserve members credited with completion of an overseas tour on or after 1 September 1980.  Those who served on or after 6 January 1986 are eligible to have the AFOR-ST applied retroactively to recognize overseas tours performed prior to the 1980 effective date.  In this case, the applicant completed his active service prior to the establishment date for the award and verification of eligibility for any other awards could not be made.  To grant relief would be contrary to the eligibility criteria established by the Chief of Staff and or AFI 36-2803, The Air Force Awards and Decorations Program.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues his DD Form 214 should reflect his service in Jordan as verified by the temporary duty assignment (TDY) for coronet east, which is annotated in his supporting AF Form 909, Airman Performance Reports.  Although, the reports indicate Dhahran, Saudi Arabia, his supervisor can attest to his service in Saudi Arabia and Jordan.  Also the codes on his AF 2095, Assignment/Personnel Action, and AF Form 100, Request and Authorization for Separation, may assist in the determination of his time spent in Jordan.  He cannot provide the exact time of his service; however, it was a total of approximately 93 days.  He spent 90 days in Dhahran, Saudi Arabia and three days at a military air base in Jordan.  Since his venture was not highly publicized, he does not feel comfortable researching for any further documentation.  However, there must be some documentation for Northrop selling the aircraft and the delivery of the aircraft.  

The applicant’s complete response, with attachments, is at Exhibit F.  

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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 with respect to the applicant’s request to be credited with foreign service in Jordan or to be awarded the Air Force Overseas Ribbon—Short Tour (AFOR-ST).  We took notice of the applicant’s complete submission, including his rebuttal response, in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  As for his request to be credited with foreign service in Saudi Arabia, we note that AFPC/DPAPP verified the applicant did serve in Saudi Arabia, although the duration of his deployed service could not be determined, issued him a boots on the ground letter to document said service.  While the applicant suggests a variety of means to the Board to determining his foreign service in Saudi Arabia, as well as Jordan, the applicant is reminded that this Board is not an investigative body, and the burden of proof of an error or injustice rests with the applicant.  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.  

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01667 in Executive Session on 29 Apr 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPAPP, dated 19 Aug 13.
	Exhibit D.  Letter, AFPC/DPSID, dated 16 Sep 13.
	Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 13.
	Exhibit F.  Letter, Applicant, dated 7 Nov 13, w/atchs.




                                   
                                   Panel Chair