RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03336 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show award of the Humanitarian Service Medal (HSM) or any other campaign awards issued to participants in support of Operation EAGLE CLAW. _________________________________________________________________ APPLICANT CONTENDS THAT: He deployed with Joint Task Force 1-79 (JTF 1-79) on a classified mission to Wadi Qena, Egypt (Area Alpha) in support of Operation EAGLE CLAW during the period 23 Mar 80 to 7 May 80. He stayed behind after the failed mission so personnel could be evacuated and to protect Air Force assets left behind. He was denied a Department of Defense (DoD) security guard position with the Air Force because he had no campaign awards. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 16 Sep 77, the applicant enlisted in the Regular Air Force. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is contained at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states they cannot determine if the applicant met the eligibility criteria for award of the HSM. His records indicate he participated in a classified TDY; but provides no indication as to specific operation or location. By the applicant’s own admission, he served in Egypt in support of Operation EAGLE CLAW; however, DPSID was unable to locate any official documentation verifying if Egypt was considered to be the geographical qualifying area of eligibility of Operating Location A/Operating Location B (OL- A/OL-B). The HSM may be awarded to members of the Armed Forces who, subsequent to 1 Apr 75, distinguished themselves as individuals or as members of United States Military units or ships by meritorious, direct participation in a military act or operation of a humanitarian nature. The recipient must have been 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 authorization of Federal assistance in the United States or the Department of State request for assistance for overseas areas. Specifically excluded from eligibility are service members or elements remaining at geographically separated locations or who were assigned to the humanitarian operation location but did not make a direct contribution to nor influenced the action. The medal may also not be presented if the Armed Forces Service Medal or Armed Forces Expeditionary Medal was presented for the same period of service. The HSM was awarded for service in support of the Iran Hostage Rescue from 24 Apr 80 thru 25 Apr 80, in Iran or Operating Location A (OL-A) or Operating Location B (OL-B). The applicant’s AF Form 909, Airman Performance Report (APR) (Airman Basic thru Senior Airman), rendered for the period 19 Aug 79 through 18 Aug 80, and AF Form 77, Supplemental Evaluation Sheet, rendered for the period 23 Mar 80 through 7 May 80, states he participated in a highly sensitive classified temporary duty (TDY) assignment. DPSID states there is insufficient evidence in the applicant’s military personnel records to support he served in the geographic area, Iran or OL-A/OL-B, in support of the Iran Hostage Rescue from 24 Apr 80 thru 25 Apr 80. Although the geographic location(s) of OL-A/OL-B cannot be confirmed, there is insufficient evidence to verify if Egypt was considered OL-A or OL-B. Furthermore, it cannot be confirmed through official documentation if the applicant served in Egypt. DPSID states no additional awards were verified for the applicant’s service from 16 Sep 77 to 15 Sep 81. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his original contention that he should be awarded the HSM for his participation with JTF 1-79 in support of Operation EAGLE CLAW. In further support of his request, the applicant provides a personal statement, DD Form 1610, Request and Authorization for TDY of DoD Personnel; DD Form 1351-2, Travel Voucher or Subvoucher; DD Form 1475, Basic Allowance for Subsistence – Certification; and various other documents associated with his request. The applicant’s complete submission, with attachments, 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We note DPSID states the applicant’s entitlement to the HSM could not be verified through his official military personnel records. However according to his DD Form 1351-2, Travel Voucher or Subvoucher and AF Form 77, Supplemental Evaluation Sheet the applicant served in Area Alpha/OL-A during the period 23 Mar 80 to 7 May 80. Further, the Air Force Historical Research Agency and the Special Operations Command verified that Area Alpha/OL-A was also known as Wadi Qena, Egypt. In view of the above and noting the criteria for the HSM, we believe a totality of the evidence supports favorable consideration of his request. Therefore, we recommend his record be corrected to the extent indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Humanitarian Service Medal. _________________________________________________________________ The following members of the Board considered Docket Number BC-2012-03336 in Executive Session on 18 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Jul 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. Exhibit E. Letter, Applicant, undated w/atchs. Panel Chair