RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00857
		INDEX CODE 107.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the award of the Bronze Star Medal (BSM).

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THE APPLICANT CONTENDS THAT:

She retired shortly after returning to the Continental United States (CONUS) from the Gulf War and due to the influx in returning U.S. military personnel, her DD Form 214 was already in place prior to her being awarded the BSM.

In support of the appeal, the applicant submits copies of her DD Form 214, retirement orders, and the certificate and citation to accompany the award of the BSM.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired in the grade of technical sergeant effective 1 July 1991.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the applicant’s records indicate that she served in Saudi Arabia during the period December 1990 through March 1991.  Her records also contain a copy of the order deploying her overseas in support of Operation DESERT SHIELD on or about 4 December 1990 for approximately 179 days and her travel voucher indicates that she did not depart her home station until 15 December 1990 and arrived in Saudi Arabia on 16 December 1990.  Therefore, the dates shown on the BSM certificate (i.e., 3 December 1990 through 31 March 1991, are incorrect.  On 8 April 2000 and 3 May 2002, they asked her to provide a copy of the order awarding the BSM; however, she has not complied with their request.  As such, they cannot verify her eligibility for the BSM.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 July 2002 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Although a copy of the orders awarding the applicant the BSM are unavailable, the applicant has provided a copy of the citation to accompany award of the BSM and the BSM certificate signed by the Commander, United States Central Command Air Forces.  In view of these documents, we do not believe the absence of the special orders awarding the BSM should prevent her from receiving the requested relief.  To do otherwise, would require us to conclude that she obtained a signed BSM certificate and a BSM citation with an official embossed seal.  Furthermore, we are not persuaded that the discrepancy between the inclusive dates of the BSM and the dates reflected on her travel voucher of her arrival/departure to and from Saudi Arabia are of any consequence.  The applicant also requested that her DD Form 214 be corrected to reflect her service in the Gulf War; however, the Air Force Personnel Center (AFPC) has administratively corrected her records to reflect her entitlement to the Southwest Asia Service Medal, with 2 Bronze Service Stars, the Kuwait Liberation Medal (Saudi Arabia), and the Kuwait Liberation Medal (Kuwait).  Based on a preponderance of the evidence presented (i.e., award elements, travel voucher, and TDY orders) we are convinced the applicant has sustained her burden of proving that her DD Form 214 incorrectly omits the fact that she was awarded the BSM.  Therefore, we recommend her records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 30 June 1991, be amended in Section 18, Remarks, to include the Bronze Star Medal.

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The following members of the Board considered Docket Number 02-00857 in Executive Session on 12 September 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 27 Jun 02.
    Exhibit D.  Letter, SAF/MRBR, dated.