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AF | BCMR | CY2013 | bc 2013 02373
Original file (bc 2013 02373.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02373
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from 
Active Duty be corrected to add the following:

      a.  Air Force Achievement Medal (AFAM) (will be 
administratively corrected).

      b.  German Schutzenschnur (Silver) Award (Foreign 
Decoration).

2.  He be awarded the following medals and ribbon:

      a.  The Humanitarian Service Medal (HSM).

      b.  The Military Outstanding Volunteer Service Medal 
(MOVSM).

      c  The Air Force Longevity Service Award (AFLSA) Ribbon 
with one Bronze Oak Leaf Cluster (AFLSA w/1BOLC).

3.  He receive an updated listing of his authorized awards and 
decorations (applicant will be provided with a complete list 
that reflects all his authorized awards and decorations).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded a foreign decoration which was omitted from his 
DD Form 214.  By letter dated, 3 Jan 91, he was authorized to 
accept and retain the German Schutzenschnur (Silver) Award.  In 
addition, the letter authorized his military personnel records 
to be updated in accordance with AFR 900-48, Individual Unit and 
Awards and Decorations.  

He was a Reservist assigned to the 440th Security Police Squadron 
(440 SPS), Milwaukee, Wisconsin (WI) and participated as an 
individual (volunteer) on a Civil Air Patrol (CAP) flight crew 
performing aerial photography sorties of the flooded area in 
Wisconsin.  The Mississippi River Flood Operation qualifies as 
an approved operation for award of the HSM during the period 
9 Jul 93 through 20 Aug 93.  

Based on the definitions and documents submitted, he believes he 
is eligible for award of the HSM.  As a Reservist, he 
participated as an individual in a Presidential Declared 
Disaster which was subsequently approved for the HSM.

He was informed that due to his extensive volunteer service, he 
would be submitted for award of the MOVSM; however, nothing ever 
became of it and he never received the award.  

He was award the AFLSA ribbon for his four years of active duty 
service; however, he should have received an oak leaf cluster 
for his time in the Air Force Reserves. 

He was awarded several ribbons/devices for his time on active 
duty and in the Air Force Reserves.  He was never given an 
“official” document confirming his awards and decorations in 
1999 upon the conclusion of his service.  He only received an 
Honorable Discharge Certificate.  

In support of his request, the applicant provides a personal 
statement, copies of DD Form 214, AF Form 2274, AFAM 
Certificate; CAPF 2a, Requestor and Approval of Personnel 
Actions, memorandums and other various documents associated with 
his request. 

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

_________________________________________________________________

STATEMENT OF FACTS:

On 12 Dec 88, the applicant enlisted in the Regular Air Force.  
He served 4 years of total active service.  He is credited with 
1 year, 11 months and 24 days of Foreign Service.

According to the Air National Guard (ANG)/United States Air 
Force Reserve (USAFR) Point Credit Summaries, dated 12 Feb 94, 
17 Feb 96, 15 Feb 97, and 14 Feb 98, the applicant was credited 
with one year of satisfactory service for retirement (12 Dec 
95 – 11 Dec 96). 

DoD 1348-33, Volume 2, Manual of Military Decorations and 
Awards: DoD Service Awards - Campaign, Expeditionary, and 
Service Medals states the following:

      HSM may be awarded to members of the U.S. Armed Forces who, 
subsequent to 1 Apr 75, distinguished themselves as individuals 
or as members of U.S. military units or ships, by meritorious, 
direct participation in a significant military act, or operation 
of a humanitarian nature. Direct participation is defined as 
being physically present at the designated location, having 
directly contributed to and influenced the action.  Designated 
location is the immediate site(s) of the humanitarian operations 
as defined by the Presidential request for assistance in the 
U.S., or the Department of State for overseas areas.  
Specifically excluded from eligibility for the HSM are Service 
members or elements remaining at geographically separated 
locations, or who were assigned to the location, but did not 
make a direct contribution to nor influence the action.  

	MOVSM may be awarded to members of the Armed Forces and 
their Reserve components, who subsequent to 31 Dec 92, perform 
outstanding volunteer community service of a sustained, direct, 
and consequential nature.  A Service member’s volunteer service 
must be to a civilian community, to include the military family 
community; be significant in nature and produce tangible 
results; reflect favorably on the Service member’s Military 
Department and the DoD, and be of a sustained and direct nature.  
While there is no specific time period to qualify for the MOVSM, 
approval authorities shall ensure the service to be honored 
merits the special recognition afforded by this medal.  The 
MOVSM is intended to recognize exceptional community support 
over time, not a single act or achievement.  Further, it is 
intended to honor direct support of community activities. For 
the purpose of this award, attending membership meetings or 
social events or a community service group is not considered 
qualifying service, while manning a community crisis action 
telephone line for a sustained period of time is considered 
qualifying service.

I accordance with AFI 36-2803, The Air Force Military Awards and 
Decorations Program the AFLSA ribbon is awarded to active duty 
personnel based on an aggregate of four years of honorable 
active Federal Military Service with any branch of the Armed 
Forces of the U. S. or Reserve components.  Reserve component 
personnel are credited with the award for each four years of 
satisfactory military service which are creditable to a 
reservist for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPTS recommends approval of the applicant’s request for 
award of the AFAM and an updated listing of his awards and 
decorations.  DPTS recommends denial of his requests for award 
of the HSM, MOVSM, AFLSA w/1BOLC and inclusion of the foreign 
award on his DD Form 214. 

Although the applicant was assigned as an Air Force Reservist 
with the 440 SPS in Milwaukee, WI, he volunteered to assist with 
the Mississippi River Flood Operation as a member of the CAP 
(civilian auxiliary).  During this period, he was a volunteer 
member with the CAP and not the CAP-United States Air Force 
(CAP-USAF).  Since he was not serving as a member of the CAP-
USAF during the HSM operation, he was not serving on behalf of 
the Armed Forces, and therefore, does not meet the criteria for 
award of the HSM.

There is no time limit required for the MOVSM; however, most 
awarding authorities require that the volunteer service must 
exceed three years in length and/or 500 hours of service.  
Commanding officers or civilian equivalents may provide a letter 
of continuity to follow a member to his/her next command to 
verify volunteer service performed.  The applicant’s commanding 
officer did not submit him for the MOVSM.  

The applicant served on active duty from 12 Dec 88 through 
11 Dec 92 and was awarded the AFLSA ribbon.  He joined the Air 
Force Reserve with the 440 SPS in Milwaukee, WI and served with 
the unit from 26 May 93 through 16 Oct 95.  He was reassigned to 
the CAP-USAF and served from 2 Nov 95 through 2 Aug 98.  He was 
transferred to the Nonobligated Nonparticipating Ready Personnel 
Section (NNPRS) effective 3 Aug 98 and was discharged 13 Dec 99.  
In order for the applicant to receive a device on the AFLSA 
ribbon, he would need to have received creditable years for 
retirement for 93, 94, 95 and 96.  His Point Credit Summary 
reflects he received membership points only.  

Per the applicant’s Reserve Order DA-04820, dated 5 Aug 98, he 
was separated from the CAP-USAF with reason for separation as 
“unsatisfactory participation.”  

The foreign award cannot be added to the applicant’s DD Form 
214.  AFI 36-3202, Separation Documents, only allows for awards 
to be included from other branches of US military services and 
not foreign services.

The complete DPTS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

He disagrees with the 5 Aug 13, advisory opinion from ARPC/DPTS.  
The HSM is presented either as an individual decoration or as a 
decoration bestowed upon a military unit.  

He is requesting the HSM as an individual decoration as a 
member, of the Air Force Reserves, in support of a natural 
disaster designated by the DoD as an HSM operation.  He was not 
supporting domestic disturbances involving law enforcement, 
equal right demonstrations, or protection of property.  He was 
not awarded the Armed Forces Service Medal (AFSM) or the Armed 
Forces Expeditionary Medal (AFEM) for the service. 

ARPC’s opinion was written from the standpoint of participating 
as members of a military unit which is probably the most common.  
However, DoD 1348-33 clearly states as an “individual” member or 
military unit.  He participated as an individual.  He is not 
claiming to have participated as a military unit as ARPC 
implies, rather as a Reservist of the 440 SPS.  He volunteered 
as an individual member, to use his skills and to physically 
contribute to and influence the operation. 

DoD 1348-33 states that an individual member can be awarded the 
HSM.  He proved that he was a member of the Reserves; he 
personally and actively participated in a DoD HSM authorized 
humanitarian operation, and therefore, eligible for award of the 
HSM.  

ARPC’s rationale for denying the MOVSM was because his 
commanding officer did not submit him for the award, therefore, 
he is ineligible.  After he left the 440 SPS, he was assigned to 
the 9004 Air Reserve Squadron as a Category “E” Reservist 
(perform inactive duty for training for points only; however, 
they may perform Military Personnel Appropriation tours for pay 
and points).  He did not drill with a unit where there was 
administrative support.  He never met his commander.  He was 
nominated for the award and never heard anything about it.  He 
believes it was lost in the administrative system.

He is asking for reconsideration to correct this administrative 
error based on the extensive volunteer work he did, to include 
being recognized as the Air Force Association and CAP National 
Senior Member of the Year.  At the end of the day, this will not 
change his Veteran Affairs benefits or anything other than 
receiving the recognition in line with the spirit and intent of 
the award. 

ARPC’s rationale for denying him the AFLSA w/1BOLC was for 
unsatisfactory participation in 1998 (start of his sixth year in 
the Reserves).  However, this does not meet the logic of the 
criteria that four years of honorable service results in award 
of the ribbon.  In Aug 98, due to changes with his civilian job, 
he was not able to continue in his role with the 9004 ARS and 
requested to leave the program.  By ARPC’s own statement he was 
in the Reserves from May 93 to Aug 98, which is over five years 
of Reserve service.  He provided documentation of those orders 
in his original request.  In Aug 98, he left the active 
reserves.  If he were unsatisfactory the entire time, he would 
have been removed.  ARPC claimed that he did not receive the 
“points” necessary, but it is ironic that they did not provide 
that evidence in their opinion letter.  He finds it hard to 
believe that he would have been left in the Reserve program for 
over five years if his entire time was unacceptable.  He 
requests he be awarded the AFLSA w/BOLC for his four-plus years 
in the Reserves.  

The applicant’s complete submission, with attachment 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 error or injustice to warrant 
corrective action.  We took notice of the applicant’s complete 
submission in judging the merits of this case to include his 
response to the advisory opinion.  However, we do not find his 
assertions sufficiently persuasive to override the rationale 
provided by the Air Force Office of Primary Responsibility 
(OPR).  Therefore, we agree with the opinion and recommendation 
of the Air Force OPR and adopt the rationale expressed as the 
basis for our conclusion that the applicant has not been the 
victim of either an error or injustice.  Although the applicant 
served in the Air Force Reserves from May 93 to Aug 98; there is 
no evidence that he was credited with four years of satisfactory 
service to qualify for the AFLSA.  As such, we find no basis to 
grant this portion of his request. We note, ARPC/DPTS verified 
the applicant’s entitlement to the AFAM and will 
administratively correct his record to reflect this 
award.   Therefore, aside from the administrative correction, 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-2013-02373 in Executive Session on 4 and 5 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 19 Apr 13, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, ARPC/DPTS, dated 11 Jul 13.
Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 13.
Exhibit E.  Letter, Applicant, 26 Aug 13, w/atch.




								
								Panel Chair

6

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