RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02549
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the North Atlantic Treaty Organization Medal-Yugoslavia (NATO-Y).
________________________________________________________________
APPLICANT CONTENDS THAT:
He qualified for the NATO-Y by serving as the J-2 (Intelligence) to the Joint Forces Air Component Commander during Operations PROVIDE PROMISE and DENY FLIGHT from Dec 92 to Jun 93.
The applicants complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Air Force on 8 Apr 77. On 1 Sep 02, the applicant retired, and was credited with 25 years, 4 months, and 23 days of active service.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice. The NATO-Y is awarded for 30 days of continuous or accumulated service within the land, sea, or air space of the Former Republic of Yugoslavia (Serbia, Montenegro, Croatia, Bosnia and Herzegovina, and Slovenia), or the Adriatic Sea, or 90 days of continuous or accumulated service in direct support within the territories of Italy, Hungary, Greece, and Austria for service in direct support of Operation DENY FLIGHT during the period 12 Apr 93 through 2 Dec 95 and for Operation PROVIDE PROMISE during the period 2 Jul 92 and 12 Oct 98. A thorough review of the applicants military personnel record failed to reveal award of the NATO-Y. The applicant made a previous request for this same award, dated 14 Sep 07. At that time he was advised his eligibility could not be established, and he was asked to provide additional documentation showing he entered the area of operation required to qualify for the medal. He provided no new documentation. The applicants AF Form 707A, Field Grade Officer Performance Report (OPR), covering the period 1 Jul 92 through 31 May 94 does mention the applicant provided guidance and support to Operation PROVIDE PROMISE and DENY FLIGHT from Ramstein Air Base, Germany, but does not indicate he actually entered the area of eligibility. Should the applicant locate official documentation verifying he served in the area of eligibility for 30 days in support of either operation, he would need to submit his request through Supreme Headquarters Allied Powers Europe, the approval authority for award of the NATO-Y Medal.
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 31 Oct 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 not 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The Board notes that in addition to failing to provide documentary evidence showing he served in the area of eligibility for award of the NATO-Y, by not applying to the Supreme Headquarters Allied Powers Europe (SHAPE) as directed by the AFPC/DPSID evaluation, the applicant also failed to exhaust his administrative remedies. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-02549 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 May 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 13 Oct 13.
Panel Chair
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