RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03841 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect award of the Armed Forces Expeditionary Medal (AFEM) for his service in Bosnia. _________________________________________________________________ APPLICANT CONTENDS THAT: He fulfilled the requirements for award of the AFEM. He served as an aerial gunner aboard an AC-130H in the airspace above the theater of operations during the specified timeframe for award of the AFEM. After he was discharged on 17 Aug 98, the Secretary of Defense (SECDEF) approved the award of the AFEM for those serving in combat in the Former Republic of Yugoslavia (Operations JOINT GUARD and JOINT ENDEAVOR). He was awarded the Armed Forces Service Medal (AFSM) prior to his discharge and the Department of Defense’s (DoD) announcement of the AFEM. The AFSM does not hold the same weight for federal employment veteran status and has limited his eligibility for positions he is qualified for. The lack of the AFEM prevents him from receiving the 5 point veteran preference he earned while on active duty. The AFSM and multiple Air Force Achievement Medals were awarded in lieu of the AFEM. However, the AFSM only qualifies a federal applicant for a Veterans Recruitment Appointment (VRA) 5 point preference status at or below the GS-11 pay grade. Since he is a GS-13, only the Veterans Employment Opportunity Act (VEOA) 5 point preference is recognized, which requires the AFEM to be annotated on a veterans DD Form 214. The 5 point veteran’s preference is critical when reviewing applications for federal employment and has already prevented him from being referred for two federal positions. Also, the veteran’s preference places a federal employee in a higher status during reduction in force (RIF) actions. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 6 Jan 92, the applicant enlisted in the Regular Air Force. He is credited with 6 years, 7 months and 12 days of active duty service. His AF Forms 910, Enlisted Performance Report (EPR) rendered for the period 2 Jun 95 thru 1 Jun 96 and 2 Jun 97 thru 1 Jun 98, reflects that he participated in support of Operations JOINT ENDEAVOR and JOINT GUARD. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states that the AFEM is awarded to members of the United States Armed Forces, who, after 1 Jul 58, participated in United States Military operations, United States operations in direct support of the United Nations, or United States operations of assistance for friendly foreign nations. Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in a designated AOE in a foreign territory (or for the full period when an operation is less than 30 days duration) or for 60 non-consecutive days. DPSID states that a detail review of the applicant’s military personnel record verifies he was deployed to the area of eligibility (AOE) in direct support of both Operations JOINT ENDEAVOR and JOINT GUARD. However, the applicant has not provided documentation which would verify that he served a minimum of 30 consecutive days or 60 non-consecutive days in the AOE, which is a requirement for the award of the AFEM. DPSID states that they could not verify the time period of the applicant’s deployments nor could they determine the location of his assignments in support of Operations JOINT ENDEAVOR and JOINT GUARD. Operation JOINT GUARD includes service in the total land or airspace of Bosnia-Herzegovina, Croatia, the Adriatic Sea and those respective air spaces. The complete DPSID evaluation is at Exhibit C. _________________________________________________________________ REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Nov 12, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, 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. Should the applicant provide official documentation to substantiate he served a minimum of 30 consecutive days or 60 non-consecutive days in the AOE for award of the AFEM, we would be willing to reconsider his request. In view of the above and in the absence of evidence to the contrary, we find no basis to grant 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-2012-03841 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to the AFBCMR Docket Number BC-2012-03841 was considered: Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12. Panel Chair 4 3