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Decision Text

AF | BCMR | CY2013 | BC-2013-00060
Original file (BC-2013-00060.txt) Auto-classification: Denied
					RECORD OF PROCEEDINGS
			AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-00060
						COUNSEL:  NONE
   	….					HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect any campaign badges, ribbons, awards or recognition for his active duty service during Operation DESERT SHIELD.    

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been denied the five-point veterans’ preference for federal positions because his records do not correctly reflect his service during Operation DESERT SHIELD.   

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 27 May 1983 to 5 April 1991 and received an honorable discharge.  

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states they were unable to verify the applicant deployed in support of Operation DESERT SHIELD and that he does not meet the qualifications for award of the Southwest Asia Service Medal.  This medal was awarded to those members of the Armed Forces who served in support of Operations DESERT SHIELD and DESERT STORM between     2 August 1990 and 3 November 1995 in one or more of the following areas:  Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of ten degrees north latitude and west of 68 degrees east longitude, and the land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates; or individuals serving in Egypt, Israel, Turkey, Syria and Jordan (including territorial airspace and waters) directly supporting combat operations between 17 January 1991 and 30 November 1995.  

DPSID will administratively correct the applicant’s record to reflect the award of the National Defense Service Medal.  

The complete DPSID evaluation is at Exhibit C.  

________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Apr 2013 for review and comment within 30 days.  To date, a response has not been received (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 error or injustice.  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 and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted.  .  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2013-00060 in Executive Session on 5 September 2013, under the provisions of AFI 36-2603:

		 Panel Chair
		 Member
		 Member

The following documentary evidence was considered in AFBCMR Docket Number BC-2013-00060:

    Exhibit A.  DD Form 149, dated 17 December 2012, w/atch
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 26 March 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 6 April 2013.
    



      
								Panel Chair







                                    

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