RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02373 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to add the following: a. Air Force Achievement Medal (AFAM) (will be administratively corrected). b. German Schutzenschnur (Silver) Award (Foreign Decoration). 2. He be awarded the following medals and ribbon: a. The Humanitarian Service Medal (HSM). b. The Military Outstanding Volunteer Service Medal (MOVSM). c The Air Force Longevity Service Award (AFLSA) Ribbon with one Bronze Oak Leaf Cluster (AFLSA w/1BOLC). 3. He receive an updated listing of his authorized awards and decorations (applicant will be provided with a complete list that reflects all his authorized awards and decorations). _________________________________________________________________ APPLICANT CONTENDS THAT: He was awarded a foreign decoration which was omitted from his DD Form 214. By letter dated, 3 Jan 91, he was authorized to accept and retain the German Schutzenschnur (Silver) Award. In addition, the letter authorized his military personnel records to be updated in accordance with AFR 900-48, Individual Unit and Awards and Decorations. He was a Reservist assigned to the 440th Security Police Squadron (440 SPS), Milwaukee, Wisconsin (WI) and participated as an individual (volunteer) on a Civil Air Patrol (CAP) flight crew performing aerial photography sorties of the flooded area in Wisconsin. The Mississippi River Flood Operation qualifies as an approved operation for award of the HSM during the period 9 Jul 93 through 20 Aug 93. Based on the definitions and documents submitted, he believes he is eligible for award of the HSM. As a Reservist, he participated as an individual in a Presidential Declared Disaster which was subsequently approved for the HSM. He was informed that due to his extensive volunteer service, he would be submitted for award of the MOVSM; however, nothing ever became of it and he never received the award. He was award the AFLSA ribbon for his four years of active duty service; however, he should have received an oak leaf cluster for his time in the Air Force Reserves. He was awarded several ribbons/devices for his time on active duty and in the Air Force Reserves. He was never given an “official” document confirming his awards and decorations in 1999 upon the conclusion of his service. He only received an Honorable Discharge Certificate. In support of his request, the applicant provides a personal statement, copies of DD Form 214, AF Form 2274, AFAM Certificate; CAPF 2a, Requestor and Approval of Personnel Actions, memorandums and other various documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 Dec 88, the applicant enlisted in the Regular Air Force. He served 4 years of total active service. He is credited with 1 year, 11 months and 24 days of Foreign Service. According to the Air National Guard (ANG)/United States Air Force Reserve (USAFR) Point Credit Summaries, dated 12 Feb 94, 17 Feb 96, 15 Feb 97, and 14 Feb 98, the applicant was credited with one year of satisfactory service for retirement (12 Dec 95 – 11 Dec 96). DoD 1348-33, Volume 2, Manual of Military Decorations and Awards: DoD Service Awards - Campaign, Expeditionary, and Service Medals states the following: HSM may be awarded to members of the U.S. Armed Forces who, subsequent to 1 Apr 75, distinguished themselves as individuals or as members of U.S. military units or ships, by meritorious, direct participation in a significant military act, or operation of a humanitarian nature. Direct participation is defined as being 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 request for assistance in the U.S., or the Department of State for overseas areas. Specifically excluded from eligibility for the HSM are Service members or elements remaining at geographically separated locations, or who were assigned to the location, but did not make a direct contribution to nor influence the action. MOVSM may be awarded to members of the Armed Forces and their Reserve components, who subsequent to 31 Dec 92, perform outstanding volunteer community service of a sustained, direct, and consequential nature. A Service member’s volunteer service must be to a civilian community, to include the military family community; be significant in nature and produce tangible results; reflect favorably on the Service member’s Military Department and the DoD, and be of a sustained and direct nature. While there is no specific time period to qualify for the MOVSM, approval authorities shall ensure the service to be honored merits the special recognition afforded by this medal. The MOVSM is intended to recognize exceptional community support over time, not a single act or achievement. Further, it is intended to honor direct support of community activities. For the purpose of this award, attending membership meetings or social events or a community service group is not considered qualifying service, while manning a community crisis action telephone line for a sustained period of time is considered qualifying service. I accordance with AFI 36-2803, The Air Force Military Awards and Decorations Program the AFLSA ribbon is awarded to active duty personnel based on an aggregate of four years of honorable active Federal Military Service with any branch of the Armed Forces of the U. S. or Reserve components. Reserve component personnel are credited with the award for each four years of satisfactory military service which are creditable to a reservist for retirement. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTS recommends approval of the applicant’s request for award of the AFAM and an updated listing of his awards and decorations. DPTS recommends denial of his requests for award of the HSM, MOVSM, AFLSA w/1BOLC and inclusion of the foreign award on his DD Form 214. Although the applicant was assigned as an Air Force Reservist with the 440 SPS in Milwaukee, WI, he volunteered to assist with the Mississippi River Flood Operation as a member of the CAP (civilian auxiliary). During this period, he was a volunteer member with the CAP and not the CAP-United States Air Force (CAP-USAF). Since he was not serving as a member of the CAP- USAF during the HSM operation, he was not serving on behalf of the Armed Forces, and therefore, does not meet the criteria for award of the HSM. There is no time limit required for the MOVSM; however, most awarding authorities require that the volunteer service must exceed three years in length and/or 500 hours of service. Commanding officers or civilian equivalents may provide a letter of continuity to follow a member to his/her next command to verify volunteer service performed. The applicant’s commanding officer did not submit him for the MOVSM. The applicant served on active duty from 12 Dec 88 through 11 Dec 92 and was awarded the AFLSA ribbon. He joined the Air Force Reserve with the 440 SPS in Milwaukee, WI and served with the unit from 26 May 93 through 16 Oct 95. He was reassigned to the CAP-USAF and served from 2 Nov 95 through 2 Aug 98. He was transferred to the Nonobligated Nonparticipating Ready Personnel Section (NNPRS) effective 3 Aug 98 and was discharged 13 Dec 99. In order for the applicant to receive a device on the AFLSA ribbon, he would need to have received creditable years for retirement for 93, 94, 95 and 96. His Point Credit Summary reflects he received membership points only. Per the applicant’s Reserve Order DA-04820, dated 5 Aug 98, he was separated from the CAP-USAF with reason for separation as “unsatisfactory participation.” The foreign award cannot be added to the applicant’s DD Form 214. AFI 36-3202, Separation Documents, only allows for awards to be included from other branches of US military services and not foreign services. The complete DPTS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He disagrees with the 5 Aug 13, advisory opinion from ARPC/DPTS. The HSM is presented either as an individual decoration or as a decoration bestowed upon a military unit. He is requesting the HSM as an individual decoration as a member, of the Air Force Reserves, in support of a natural disaster designated by the DoD as an HSM operation. He was not supporting domestic disturbances involving law enforcement, equal right demonstrations, or protection of property. He was not awarded the Armed Forces Service Medal (AFSM) or the Armed Forces Expeditionary Medal (AFEM) for the service. ARPC’s opinion was written from the standpoint of participating as members of a military unit which is probably the most common. However, DoD 1348-33 clearly states as an “individual” member or military unit. He participated as an individual. He is not claiming to have participated as a military unit as ARPC implies, rather as a Reservist of the 440 SPS. He volunteered as an individual member, to use his skills and to physically contribute to and influence the operation. DoD 1348-33 states that an individual member can be awarded the HSM. He proved that he was a member of the Reserves; he personally and actively participated in a DoD HSM authorized humanitarian operation, and therefore, eligible for award of the HSM. ARPC’s rationale for denying the MOVSM was because his commanding officer did not submit him for the award, therefore, he is ineligible. After he left the 440 SPS, he was assigned to the 9004 Air Reserve Squadron as a Category “E” Reservist (perform inactive duty for training for points only; however, they may perform Military Personnel Appropriation tours for pay and points). He did not drill with a unit where there was administrative support. He never met his commander. He was nominated for the award and never heard anything about it. He believes it was lost in the administrative system. He is asking for reconsideration to correct this administrative error based on the extensive volunteer work he did, to include being recognized as the Air Force Association and CAP National Senior Member of the Year. At the end of the day, this will not change his Veteran Affairs benefits or anything other than receiving the recognition in line with the spirit and intent of the award. ARPC’s rationale for denying him the AFLSA w/1BOLC was for unsatisfactory participation in 1998 (start of his sixth year in the Reserves). However, this does not meet the logic of the criteria that four years of honorable service results in award of the ribbon. In Aug 98, due to changes with his civilian job, he was not able to continue in his role with the 9004 ARS and requested to leave the program. By ARPC’s own statement he was in the Reserves from May 93 to Aug 98, which is over five years of Reserve service. He provided documentation of those orders in his original request. In Aug 98, he left the active reserves. If he were unsatisfactory the entire time, he would have been removed. ARPC claimed that he did not receive the “points” necessary, but it is ironic that they did not provide that evidence in their opinion letter. He finds it hard to believe that he would have been left in the Reserve program for over five years if his entire time was unacceptable. He requests he be awarded the AFLSA w/BOLC for his four-plus years in the Reserves. The applicant’s complete submission, with attachment 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant corrective action. We took notice of the applicant’s complete submission in judging the merits of this case to include his response to the advisory opinion. However, we do not find his assertions sufficiently persuasive to override the rationale provided by the Air Force Office of Primary Responsibility (OPR). Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of either an error or injustice. Although the applicant served in the Air Force Reserves from May 93 to Aug 98; there is no evidence that he was credited with four years of satisfactory service to qualify for the AFLSA. As such, we find no basis to grant this portion of his request. We note, ARPC/DPTS verified the applicant’s entitlement to the AFAM and will administratively correct his record to reflect this award. Therefore, aside from the administrative correction, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2013-02373 in Executive Session on 4 and 5 Mar 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTS, dated 11 Jul 13. Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13. Exhibit E. Letter, Applicant, 26 Aug 13, w/atch. Panel Chair 6 7 8