RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05015 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect that he participated in Operations DESERT SHIELD/STORM. APPLICANT CONTENDS THAT: His records do not reflect that he was assigned to Operations DESERT SHIELD/STORM. In support of his request, the applicant provides copies of his DD Forms 1610, Request and Travel Authorization for TDY Travel of DoD Personnel and AF Forms 973, Request and Authorization for Change of Administrative Orders. The applicant’s complete submission, with attachments is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force from 15 July 1967 to 30 June 1991 for a total of 23 years, 11 months and 16 days of active service. Additionally, he had 3 years, 10 months and 6 days of Foreign Service. AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. A review of the applicant’s master personnel records failed to provide any documents that substantiate that he served in Southwest Asia. The complete DPAPP evaluation is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: As Chief Medical Logistics Division for Tactical Air Command, he was required to visit Southwest Asia every six months to rotate medical supplies and calibrate medical equipment that were prepositioned in the area. In June 1990 he went on his last trip to Southwest Asia. Upon arriving at the hotel in Oman, he found that Iraq had invaded Kuwait. He reported to the American Embassy and called his office and was told that he would remain there for until further notice. His orders were amended from “Staff Assistance Visit” to “DESERT SHIELD DEPLOYMENT” for a period of 57 days until he returned to the United States on 31 October 1990. He was later deployed to participate in Operation DESERT SHIELD from 15 January 1991 to 15 July 1991. His orders are proof that he served in Southwest Asia. However, it appears his orders are not considered sufficient proof that he was there. He also provides the names of individuals the Board can contact who will attest to his participation in Operations DESERT SHIELD/STORM. His complete response, 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant states that he served in Operation DESERT SHIELD/STORM from 15 January 1991 to 15 July 1991, contrarily his DD Form 214 reflects that he was discharged from the Air Force on 30 June 1991. The applicant also provides the names of several individuals and requests the Board contact them to attest to his participation in Operations DESERT SHIELD/STORM. However, this Board is not an investigative body and the burden of proof of an error or injustice rests with the applicant. Therefore, in view of the above, we conclude that the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. Should the applicant provide notarized statements from individuals who can attest to his participation in Operations DESERT SHIELD/STORM, we would be willing to reconsider his request. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief. We note the Air Force office of primary responsibility recommends denial stating they were unable to confirm Foreign Service in Southwest Asia. However, after a thorough review of the evidence presented, the Board majority believes the applicant more likely than not participated in Operation DESERT SHIELD from 24 August 1990 to 31 October 1990. In this respect, the Board majority notes that the applicant has provided copies of TDY orders assigning him to the United States Embassies in Bahrain and Oman to participate in a Staff Assistance Visit for 13 days. The evidence also reflects that these orders were amended several times with the final order (published 13 September 1990, after the proceed on or about date of 29 July 1990) amending the purpose of the TDY to include both the Staff Assistance Visit from 29 July 1990 to 23 August 1990 and an Operations DESERT SHIELD deployment from 24 August 1990 to 31 October 1990. While the applicant has not provided a copy of the travel voucher for this TDY, the Board majority finds the evidence presented sufficient to conclude that his records should be corrected to reflect that he participated in Operation DESERT SHIELD from 24 August 1990 to 31 October 1990. Accordingly, the Board majority recommends his 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 APPLICANT, be corrected to show that his DD Form 214 be amended to reflect that he participated in Operation DESERT SHIELD from 24 August 1990 to 31 October 1990. The following members of the Board considered AFBCMR BC-2013-05015 in Executive Session on 28 August 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board voted to grant the application. XXXXXXXXXX voted to deny the applicant’s request, but did not wish to submit a Minority Report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 October 2013. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 4 December 2013. Exhibit D. Letter, SAF/MRBR, dated 10 January 2014. Exhibit E. Letter, Applicant, dated 22 January 2014 w/atchs. 1 2