RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00973

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His Temporary Duty (TDY) History be corrected to show his deployment in support of Operation Enduring Freedom (OEF).

APPLICANT’S CONTENTIONS

He was mobilized and deployed in support of OEF and his DD Form 214, Certificate of Release or Discharge from Active Duty, shows he served “In Support of Operation Enduring Freedom, Title 10…” and, “Served in AOR and Received Imminent Danger Pay from 24 Oct 2001 to 19 Mar 2002.”  Initially, the deployment was erroneously coded as “Other Conus-Overseas,” showing only 2 days of duty.  Recently, he discovered the deployment is completely missing from his TDY History.  He has tried repeatedly to work with his unit and the Total Force Service Center (TFSC) to correct the problem, but has not been able to resolve the issue.  He requests that his official Air Force record correctly document the deployment as a “Contingency Deployment” and reflect 147 days of service overseas.  

In support of his application, he submitted TDY History Reports dated 17 Jul 18 and 10 Dec 19 and Special Order TE-0004.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

Special Order P-009768, dated 19 Aug 20, indicates the applicant is a Lieutenant Colonel (0-5) honorably discharged from the California Air National Guard (ANG) and appointed to the Nevada ANG, effective 15 Jul 20.

AF Form 707B, Company Grade Officer Performance Report, for the period 2 Oct 01 thru 1 Oct 02 states applicant “Deployed…for over 140 days as the Operations Officer…”

Special Order TE-0004 was issued for the purpose of participating in Enduring Freedom for 120 days with a proceed date of on or about 13 Oct 01.

DD Form 214 shows the applicant was an Air National Guard captain who served on active duty from 12 Oct 01 to 18 Jun 02.  Block 18 states he “Served in Support of Operation Enduring Freedom, Title 10, U.S.C. 12302.  Served in AOR and Received Imminent Danger Pay from 24 Oct 2001 to 19 Mar 2002.”  He was released from active duty with the narrative reason for separation “ANG member released due to demobilization.”

For more information, see the excerpt of the applicant’s record at Exhibit B.

AIR FORCE EVALUATION

NGB/A1XR recommends denying the application.  The applicant contends their TDY history is incorrect and should reflect a deployment in support of Operation Enduring Freedom from 24 Oct 01 to 19 Mar 02.  MilPDS, the system used to update personnel records, requires travel voucher information to be inputted in the TDY history tab.  A travel voucher for this period and deployment was not provided.  NGB/A1XR is unable to provide an adequate advisory/recommendation or attempt to update record at this level since system required documentation has not been provided.
The documentation provided is not sufficient to update the TDY history for the applicant.  This office would not be able to recommend approval without the official travel voucher for deployed period of 24 Oct 01 to 19 Mar 02.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Dec 20 for comment (Exhibit D), and the applicant replied on 7 Jan 21.  In his response, the applicant provided evidence that the advisory opinion was post-marked 15 Dec 20 and his 30 days to respond should have been from that date and not 3 Dec 20, as dated on the memo.  The applicant disagrees with NGB/A1XR and again contended the deployment was in his Personal Data Duty History, but was removed.  In addition, the applicant states the Contingency Operation is listed in his Military Service History.  

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of NGB/A1XR against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The applicant’s DD Form 214, block 18 states he “Served in Support of Operation Enduring Freedom, Title 10, U.S.C. 12302.  Served in AOR and Received Imminent Danger Pay from 24 Oct 2001 to 19 Mar 2002.” Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he served in Support of Operation Enduring Freedom (OEF) from 24 Oct 01 to 19 Mar 02.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-00973 in Executive Session on 16 Dec 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, dated 4 Nov 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Dec 20.
Exhibit E:	Applicant’s response, dated 7 Jan 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.