RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00563 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Armed Forces Expeditionary Medal (AFEM). _________________________________________________________________ APPLICANT CONTENDS THAT: While serving as an Airborne Warning and Control Squadron (AWACS) crew member, he was involved in the extraction of Manuel Noriega from Panama during Operation JUST CAUSE and logged 7.4 combat support hours during the mission. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty and a Flying History Report. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s DD Form 214 reflects he served on active duty from 23 Oct 87 through 24 Feb 90. He is credited with two years, four months and two days of active service. On 22 Feb 10, AFPC/DPAPP informed the applicant that his participation on 3 Jan 90 in support of Operation Just Cause was confirmed and his records would be administratively corrected to reflect one day of foreign service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant is not eligible for the AFEM because he was not in the area of eligibility for 30 consecutive or 60 nonconsecutive days and in direct support of Operation JUST CAUSE. The DOD Manual 1348.33M, Manual of Military Awards and Decorations, states the AFEM after 1 Jul 58 was authorized to any service member of the United States Armed Forces for U.S. military operations. The participating service members must have served at least 30 consecutive or 60 nonconsecutive days in the qualifying operation. DPSIDR further notes the AFEM is awarded for service in Panama from 20 Dec 89 to 31 Jan 90 in support of Operation JUST CAUSE. Designated aircrew members who participated in actual air operations outside of the Continental Unites States (CONUS) including aerial refueling, combat air patrol, and airborne warning and control in direct support of the military Operation JUST CAUSE, are also authorized award of the AFEM. The complete HQ AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant 12 Mar 10 for review and comments within 30 days. 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, 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 AFBCMR Docket Number BC-2009-00563 in Executive Session on 27 Apr 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 26 Feb 10. Exhibit D. Letter, SAF/MRBR, dated 12 Mar 10. Panel Chair