RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02378
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her records be corrected to reflect she was authorized and awarded the Armed Forces Service Medal (AFSM).
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APPLICANT CONTENDS THAT:
She was awarded an Air Force Achievement Medal (AFAM) and an Air Force Commendation Medal (AFCM) due to her service in support of Operation PROVIDE PROMISE while at Rhein-Main Air Base, Germany. Although the AFSM was created after her discharge, she should also be eligible for this award and entitled to employment under the Veterans Recruitment Appointment (VRA).
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants DD Form 214 documenting the period of service in question is apparently missing from her master personnel records; however, according to her remaining records, she served in the Regular Air Force for 8 years and 29 days prior to her discharge and subsequent enlistment in the Air National Guard on 6 Jan 96.
On 5 May 99, the applicant was honorably discharged from the Air National Guard.
On 1 Jul 13, AFPC/DPSID notified the applicant that they were able to verify her entitlement to the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1BOLC) and that her records will be administratively corrected.
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/DPSID recommends denial indicating there is no evidence of an error or injustice. The AFSM is awarded to members of the armed forces who, after 1 Jun 92: (1) participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity by the Joint Chiefs of Staff; and (2) encounter no foreign armed opposition or imminent threat of hostile action. Furthermore, the area of eligibility for award of the AFSM for the operation noted by the applicant encompasses the total land and air space of the Former Republic of Yugoslavia (FRY), Hungry, and Italy; the waters and air space above that portion of the Adriatic Sea that lies north of 40 degrees north latitude. However, while the applicant did serve during the noted operation, there is no evidence in her submission or military personnel records that she ever served in the area of eligibility. There is insufficient documentation to support the applicants request and to grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24 Jul 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. We took notice of the applicants 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application beyond that already granted 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-2013-02378 in Executive Session on 27 Feb 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 13.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 1 Jul 13.
Exhibit D. Letter, SAF/MRBR, dated 24 Jul 13.
Panel Chair
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