RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04346 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include award of the Air Force Combat Action Medal (AFCAM) and the Afghanistan Campaign Medal (ACM). _________________________________________________________________ APPLICANT CONTENDS THAT: He qualifies for these medals due to his deployment during Operation ENDURING FREEDOM (OEF) from 22 February 2003 to 1 May 2003. He participated in combat air operations during this period logging 74.8 combat hours as a Flight Engineer on the HC- 130P aircraft. In support of his appeal, the applicant provides copies of his Individual Flight Record Report and his Air Medal certificate. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 17 August 1978 to 30 November 2003. He was released from active duty for sufficient service for retirement; and, retired effective 1 December 2003 in the grade of senior master sergeant (E-8). The remaining relevant facts, extracted from the applicant’s military service record, are contained in the evaluation provided by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for the ACM. DPSIDR states that his request for entitlement to the AFCAM has been forwarded to the proper awarding authority, Air Force Central Command (AFCENT), for review. If AFCENT approves his request, the award elements will be sent directly to the applicant. However, if his request is not approved, he has one year to submit a one-time reconsideration to AFCENT. DPSIDR indicates the ACM was established by Public Law 108-234, on 28 May 2004 and implemented by Executive Order 13363 on 29 November 2004. It may be awarded to members who serve or have served in Afghanistan (or its contiguous air space) in support of OEF from 24 October 2001 to a date to be determined. Members must serve in the area of eligibility for at least 30 consecutive days or 60 non-consecutive days. While participating as a regularly assigned aircrew member flying sorties into, out of, within, or over Afghanistan in direct support of OEF; each day that one or more sorties are flown in accordance with these criteria shall count as one day towards the 30 consecutive or 60 non-consecutive day requirement. DPSIDR states the Defense Finance and Accounting Service (DFAS) verified the applicant served in Iraq on 28 February 2003 and in Pakistan from 1 March 2003 to 30 April 2003. According to the flight records submitted by the applicant, DPSIDR was able to determine the applicant acquired 12 non-consecutive flying days into the area of eligibility, which does not meet the minimum number of days required for award of the ACM. The complete 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 on 4 February 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not exhausted all remedies provided by existing law or regulations. In that regard, we note that the applicant has not exhausted his administrative remedies for award of the AFCAM. AFPC/DPSIDR has forwarded the applicant’s request for award of the AFCAM to AFCENT, the award approval authority. 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 in regard to the applicant’s request for award of the ACM. After a thorough review of the Master Personnel Records and the submitted documentation, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In regard to his request for award of the AFCAM, as noted above, he has not exhausted his administrative remedies and consideration of this request would be premature. 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 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-2010-04346 in Executive Session on 28 July 2011, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-04346: Exhibit A. DD Forms 149, dated 29 Oct 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 10 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11. Chair