RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01122
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect the following:

The spelling of his middle name be corrected.  

He was awarded the Armed Forces Expeditionary Medal (AFEM).

He was awarded the Basic, Senior, and Master Parachutist Badges.

	He completed the Airborne course in 1967 instead of 1968 (Administratively Corrected).  

APPLICANT CONTENDS THAT:

The misspelling of his middle name is impacting his Department of Veterans Affairs (DVA) benefits.  He did not realize that the clerical error would impact his benefits since his social security number and service number are correct.  The clerical error has compounded itself and as a result there are errors in his military record.

He was awarded the AFEM for his service in October 1962 thru March 1963 when he was under Defense Conditions (DEFCON).  On 24 October 1962, he was issued combat equipment before his deployment to Southeast Asia.

He completed the minimum required 24 continuous months on jump status with a total of 95 jumps on airborne tactical and jumpmaster missions for award of the Senior Parachutist Badge.   

He completed the minimum required 36 continuous months on jump status with a total of 119 jumps on airborne tactical and jumpmaster missions for award of the Master Parachutist Badge.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 11 September 1962 and was honorably discharged on 27 August 1970.   He was credited with 7 years, 11 months and 17 days of total active duty service.  

The applicant’s DD Form 214 issued in conjunction with his discharge on 27 August 1970 reflects a typographical error in the spelling of his middle name.  

According to Aeronautical Order 135 dated 4 November 1969, the applicant was awarded the parachutist rating of Senior Parachutist, per AFM 35-13, paragraph 7-2b.

In a memorandum dated 17 November 2015, AFPC/DPSIT advised the applicant his request to correct his DD Form 214 to reflect he completed the Airborne course in 1967 instead of 1968 could be corrected administratively and did not require referral to the AFBCMR.  The applicant was further advised that the required necessary actions had been taken to update his DD Form 214.  

The AFEM may be awarded to members of the U.S. Armed Forces who after 1 July 1958:  Participate, or have participated, as members of the U.S. military in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers, and encounter, incident to such participation, foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in a designated area of eligibility in a foreign territory (or the full period when an operation is less than 30 days duration) or for 60 non-consecutive days provided the support involved entering the area of eligibility.  

The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C thru F.  

AIR FORCE EVALUATION:

AFPC/DPSIM recommends the applicant be awarded the Basic Parachutist Badge based upon the recommendation of the Career Field Manager (CFM) but recommends denial for award of the Senior and Master Parachutist Badges based on the lack of supporting evidence.

In accordance with AFI 36-2903, Dress and Personal Appearance of Air Force Personnel, paragraph 10.5, Qualification badges and patches are defined as badges or patches earned and permanently awarded that reflect special skills that an airman has demonstrated proficiency or qualification in that complements their primary mission.  Wear of other services’ qualification badges, if earned and awarded is authorized.  Per AFI 36-2903, paragraph 10.4.3, Enlisted airmen wear the basic badge after completing technical school, wear the senior badge after award of the 7-skill level and the master badge when in the grade of Master Sergeant (MSgt, E-7) or above with five years in the specialty from award of the 7-skill level.  Upon the CFM’s review, it does appear the applicant may be eligible for the basic parachutist badge based on the documentation submitted showing he attended and completed the Airborne course.  However, the applicant did not supply enough documentation to support award of the senior or master parachutist badges in accordance with the regulation applicable at that time.    

A complete copy of the AFPC/DPSIM evaluation is at Exhibit C.  

AFPC/DP2STM recommends the Board direct the change to remove the Member-1 copy from the applicant’s records and correct the spelling of the applicant’s middle name on the Service-2 (copy) of the DD Form 214.  The Member-1 copy may have been issued separately as a correction in the documents history that was not captured on Service-2; however, without the originals DP2STM cannot know if it was a liquid paper correction or retyped.  The DD Form 215, Correction of DD Form 214, currently on file would remain incorrect as governing directives states that a DD Form 215 records the identifying information on the DD Form 214 even if it is incorrect.  A subsequent DD Form 215 would reflect the name corrected in the body but still reflect the incorrect spelling at the top.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit D.

AFPC/DP3SP recommends denial for award of the AFEM.  DP3SP was unable to verify award of the AFEM or locate official documentation to show he deployed to an area of eligibility between October 1962 and March 1963 in direct support of an operation for which the AFEM is authorized.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force or Chief of Staff.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit F.  

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 28 April 2016 for review and comment within 30 days (Exhibit G).  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 an error or injustice to warrant award of the AFEM and the Master Parachutist Badge.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Should the applicant provide evidence to support award of the AFEM and the Master Parachutist Badge, the Board would be willing to reconsider his request.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s DD Form 214 to reflect the correct spelling of his middle name and to amend his DD Form 214 to show he was awarded the Basic Parachutist and Senior Parachutist Badge.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of APFC/DP2STM indicating the applicant’s DD Form 214 does not reflect the correct spelling of his middle name.  As for the applicant’s request related to the parachutist badges, while AFPC/DPSIM recommends the applicant only be awarded the Basic Parachutist Badge because the evidence of record does not support award of the Senior Parachutist badge, we believe the evidence presented is sufficient to conclude the applicant should have been awarded both the Basic and Senior Parachutist Badges.  In this respect, we note the applicant’s record contains Aeronautical Order, Number 135, dated 4 November 1968, indicating he was awarded the parachutist rating of Senior Parachutist.  We note the recommendation of the Air Force OPR indicating the applicant’s Member-1 copy of his DD Form 214 be removed from his records and his Service-2 copy of said form be modified to reflect the correct spelling of his name; however, in view of the fact that multiple corrections are being made to the applicant’s DD Form 214 as a result of his application for correction of his records, and to preclude the possibility of future difficulties obtaining his benefits through the Department of Veterans Affairs (DVA), we recommend the applicant’s DD Form 214, be re-issued reflecting the corrections noted above (correct spelling of his name and Basic and Senior Parachutist Badges) as well as the administrative correction regarding his attendance at Airborne School.  Therefore, we recommend the applicant’s records be corrected to the extent indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, United States Report of Transfer or Discharge, be re-issued to reflect the following changes:

     a. Correct spelling of his full name.

b. Item 25, Education and Training Completed, be amended to include Basic Parachutist Badge and Senior Parachutist Badge.  	 

The following members of the Board considered AFBCMR Docket Number BC-2015-01122 in Executive Session on 2 June 2016 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 17 March 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIM, dated 15 September
			  2015.
	Exhibit D.  E-mail, AFPC/DP2STM, dated 3 November 2015.
	Exhibit E.  Memorandum, AFPC/DPSIT, dated 17 November 2015.
	Exhibit F.  Memorandum, AFPC/DP3SP, dated 8 April 2016
	Exhibit E.  Letter, AFBCMR, dated 28 April 2016.