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 members 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 members 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 applicants 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 applicants 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 applicants 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 applicants 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.
_________________________________________________________________
APPLICANTS 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.
ARPCs 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.
ARPCs 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.
ARPCs 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 ARPCs 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 applicants 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 applicants 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 applicants 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
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