RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00580
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. He receive awards for support of Operation NICKEL GRASS.
2. His DD Form 214, Report of Separation from Active Duty, be
corrected to reflect all the units that he served in while
overseas.
APPLICANT CONTENDS THAT:
His records should specifically list the decorations that he is
entitled to due to his support of Operation NICKLE GRASS.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
9 Jun 71.
On 7 Jun 75, the applicant was furnished an honorable discharge
and was credited with 3 years, 11 months, and 29 days of active
service, which included 2 years and 2 months of foreign service.
On 12 Mar 14, AFPC/DPAPP notified the application of their
determination that he had "boots on the ground" in Taiwan and
Portugal and that no correction to his DD Form 214, Certificate
of Release or Discharge from Active Duty, was required as he was
credited with two years and two months of foreign service, which
likely represented the time he was assigned to Portugal and
Taiwan.
The remaining relevant facts pertaining to this application are
contained in the memoranda prepared by the Air Force offices of
primary responsibility, which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for
awards in support of Operation NICKEL GRASS. The 1605th Air
Base Wing earned the Air Force Outstanding Unit Award (AFOUA)
for its effort during Operation NICKEL GRASS for the period
14 Oct 73 through 14 Nov 73. However, the applicant was
assigned to the 1605th Air Base Wing between 15 Feb 74 and
14 Feb 75. Therefore, although the applicant was assigned to
the 1605th Air Base Wing, his dates of service are outside the
award inclusive period for award of the AFOUA for support of
Operation NICKEL GRASS. To grant relief would be contrary to
the criteria established by DoDM 1348.33, Secretary of the Air
Force, Chief of Staff, and/or the War Department. A review of
the applicants records revealed that he should have been
entitled to the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/P) and the applicants records will be corrected
administratively following the Boards consideration of his
case.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. DoDI 1336.01 and governing Air Force
instructions and policy do not authorize the listing of duty
history or mention of deployments/service on foreign soil, on
the DD Form 214.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 18 Aug 14 for review and comment within 30 days.
In response, the applicant has submitted a rebuttal (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 warranting
correction of the applicants records to reflect his entitlement
to awards in support of Operation NICKEL GRASS. 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 (OPR) and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice with
respect to NICKEL GRASS. As for his request to correct his DD
Form 214, Report of Separation from Active Duty, to reflect his
units of assignment during his overseas service, we are not
convinced he is the victim of an error or injustice in this
regard. In this respect, we note the comments of AFPC/DPSOR
indicating that such information is not authorized for entry on
a DD Form 214. We also note that AFPC/DPAPP has issued the
applicant a boots on the ground letter to documents his
foreign service. Therefore, in view of the fact that such
information is not appropriate for inclusion on the DD Form 214,
we believe the letter provided to the applicant on this point by
AFPC/DPAPP constitutes full and fitting relief. We note the Air
Force OPR has determined the applicants eligibility for the
Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and
will correct his records administratively. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting relief beyond that rendered administratively.
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-2014-00580 in Executive Session on 11 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 04 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C Memorandum, AFPC/DPAPP, dated 12 Mar 14.
Exhibit D. Memorandum, AFPC/DPSID, dated 12 Jun 14.
Exhibit E. Memorandum, AFPC/DPSOR, dated 21 Jul 14
Exhibit F. Letter, SAF/MRBR, dated 25 Aug 14.
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