RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01059
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The following information be added to his DD Form 214, Certificate
of Release or Discharge from Active Duty:
Air Force Commendation Medal (AFCM); (Will be
administratively corrected)
Service in Operation EAGLE CLAW.
APPLICANT CONTENDS THAT:
Congress had not yet recognized Operation EAGLE CLAW as a conflict
at the time of his discharge.
The Board should find it in the interest of justice to grant his
untimely application because he was not aware his DD Form
214 could be updated until 2012.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 17 Sep 82, the applicant entered the Regular Air Force.
On 18 Sep 78, the applicant received an honorable discharge. He
was credited with 4 years, 4 months and 27 days of active service.
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial of the applicants request to have
his DD Form 214 updated to reflect service during Operation EAGLE
CLAW, indicating there is no evidence of an error or an injustice.
Neither the information provided nor his master personnel records
contain information that reflects he served any foreign-service
time.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.
AFPC/DPSID was able to verify the AFCM should have been awarded
during the applicants service form 18 Sep 78 to 17 Sep 82 and was
not reflected in his records. Administrative correction of the
applicants official military personnel record will be completed
by AFPC/DPSOR.
A complete copy of the DPSID evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 4 Aug 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
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 update the
applicants records with service in Operation EAGLE CLAW. 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 the
applicant has not been the victim of an error or injustice.
Therefore, aside from the administrative correction to award the
AFCM, we find no basis to recommend granting the additional relief
sought in this application.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01059 was considered:
Exhibit A. DD Form 149, dated 6 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPAPP, dated 23 Apr 14.
Exhibit D. Memorandum, AFPC/DPSID, dated 16 Jun 14.
Exhibit E. Letter, SAF/MRBR, dated 4 Aug 14.
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