RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05015
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he participated in
Operations DESERT SHIELD/STORM.
APPLICANT CONTENDS THAT:
His records do not reflect that he was assigned to Operations
DESERT SHIELD/STORM.
In support of his request, the applicant provides copies of his
DD Forms 1610, Request and Travel Authorization for TDY Travel
of DoD Personnel and AF Forms 973, Request and Authorization for
Change of Administrative Orders.
The applicants complete submission, with attachments is at
Exhibit A.
STATEMENT OF FACTS:
The applicant served in the Regular Air Force from 15 July
1967 to 30 June 1991 for a total of 23 years, 11 months and
16 days of active service. Additionally, he had 3 years,
10 months and 6 days of Foreign Service.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. A review of the applicants
master personnel records failed to provide any documents that
substantiate that he served in Southwest Asia.
The complete DPAPP evaluation is at Exhibit C.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
As Chief Medical Logistics Division for Tactical Air Command, he
was required to visit Southwest Asia every six months to rotate
medical supplies and calibrate medical equipment that were
prepositioned in the area. In June 1990 he went on his last
trip to Southwest Asia. Upon arriving at the hotel in Oman, he
found that Iraq had invaded Kuwait. He reported to the American
Embassy and called his office and was told that he would remain
there for until further notice. His orders were amended from
Staff Assistance Visit to DESERT SHIELD DEPLOYMENT for a
period of 57 days until he returned to the United States on
31 October 1990. He was later deployed to participate in
Operation DESERT SHIELD from 15 January 1991 to 15 July 1991.
His orders are proof that he served in Southwest Asia. However,
it appears his orders are not considered sufficient proof that
he was there. He also provides the names of individuals the
Board can contact who will attest to his participation in
Operations DESERT SHIELD/STORM.
His complete response, with attachments, is at Exhibit E.
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. The
applicant states that he served in Operation DESERT SHIELD/STORM
from 15 January 1991 to 15 July 1991, contrarily his DD Form
214 reflects that he was discharged from the Air Force on
30 June 1991. The applicant also provides the names of several
individuals and requests the Board contact them to attest to his
participation in Operations DESERT SHIELD/STORM. However, 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, we conclude that the applicant has failed to
sustain his burden of proof that he has been the victim of an
error or injustice. Should the applicant provide notarized
statements from individuals who can attest to his participation
in Operations DESERT SHIELD/STORM, we would be willing to
reconsider his request. In the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this portion of his application.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an error or
injustice warranting partial relief. We note the Air Force
office of primary responsibility recommends denial stating they
were unable to confirm Foreign Service in Southwest Asia.
However, after a thorough review of the evidence presented, the
Board majority believes the applicant more likely than not
participated in Operation DESERT SHIELD from 24 August 1990 to
31 October 1990. In this respect, the Board majority notes that
the applicant has provided copies of TDY orders assigning him to
the United States Embassies in Bahrain and Oman to participate
in a Staff Assistance Visit for 13 days. The evidence also
reflects that these orders were amended several times with the
final order (published 13 September 1990, after the proceed on
or about date of 29 July 1990) amending the purpose of the TDY
to include both the Staff Assistance Visit from 29 July 1990 to
23 August 1990 and an Operations DESERT SHIELD deployment from
24 August 1990 to 31 October 1990. While the applicant has not
provided a copy of the travel voucher for this TDY, the Board
majority finds the evidence presented sufficient to conclude
that his records should be corrected to reflect that he
participated in Operation DESERT SHIELD from 24 August 1990 to
31 October 1990. Accordingly, the Board majority recommends 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 be amended to reflect that he participated in Operation
DESERT SHIELD from 24 August 1990 to 31 October 1990.
The following members of the Board considered AFBCMR BC-2013-
05015 in Executive Session on 28 August 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board voted to grant the application.
XXXXXXXXXX voted to deny the applicants request, but did not
wish to submit a Minority Report. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 17 October 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 4 December 2013.
Exhibit D. Letter, SAF/MRBR, dated 10 January 2014.
Exhibit E. Letter, Applicant, dated 22 January 2014 w/atchs.
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