RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00682 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The following items on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected as follows: Item 11, Primary Specialty, be corrected to reflect Utilities Apprentice, rather than Electrical Apprentice. Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized, be corrected to include the Kosovo Campaign Medal, Armed Forces Expeditionary Medal (AFEM), and North Atlantic Treaty Organization (NATO) Medal - Kosovo Operations. ________________________________________________________________ APPLICANT CONTENDS THAT: He was deployed to Balikesir, Turkey in support of Operation ALLIED FORCE. The other service members he was deployed with received the medals. He believes he is eligible for these awards because he was in the area of eligibility (AOE) and was injured and would have required evacuation. In support of his appeal, the applicant provides a copy of his DD Form 214, DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB), an Individual summary, and other documents related to this matter. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 23 Jul 97 through 3 Mar 00 when he was honorably discharged and credited with two years, seven months, and ten days of active service. He was not credited with any foreign service. On 13 May 13, AFPC/DPSIT reviewed the applicant’s request and determined Block 14, Military Education, of his DD Form 214 should be amended to reflect Utilities Systems Course – 1997 and his records will be corrected administratively. On 14 May 13, AFPC/DPSIT informed the applicant that block 15a, Member Contributed to Post-Vietnam Era Veterans Educational Assistance Program, of his DD Form 214 was accurate. DPSIT stated Block 15a pertains to service members who entered active duty under the Veterans’ Education Assistance Program (VEAP) between 1 Jan 77 and before 1 Jul 85. However, the applicant entered active duty on 23 Jul 97 and elected to participate in the Montgomery GI Bill instead. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the Kosovo Campaign Medal or the AFEM, indicating there is no evidence of an error or an injustice. The Kosovo Campaign Medal was established to recognize military service performed in Kosovo from 24 Mar 99 to a date to be determined. The service member must have participated in or served in direct support the Kosovo Air Campaign, 24 Mar 99 through 10 Jun 99; or the Kosovo Defense Campaign, 11 Jun 99 through a date to be determined. The service member must have been permanently assigned, attached, or detailed to a unit that participated in or was engaged in direct support of the designated operations for 30 consecutive or 60 non-consecutive days in the AOE. These time limits may be waived if the service member was killed, wounded, or injured requiring medical evacuation from the operation. However, there was no evidence found in the applicant’s official military personnel record to verify his entitlement to the Kosovo Campaign Medal. The AFEM is awarded to service members who, after 1 Jul 58, participated in a military operation and encountered foreign armed opposition, or were in danger of hostile action by foreign armed forces, even though it did not materialize. 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 or for 60 non- consecutive days and provided the support in the AOE. These time requirements may be waived if the service member was wounded or injured and required medical evacuation from the AOE. While the applicant states he was deployed to Turkey in support of Operation ALLIED FORCE, Operation ALLIED FORCE is not an approved operation for award of the AFEM. In addition, Turkey is not in the AOE for Operation ALLIED FORCE. During the period in question the AFEM may have been awarded for a deployment to Incirlik AB in support of Operation NORTHERN WATCH. However, there was no official documentation found to substantiate the applicant was deployed to Incirlik, Turkey in support of Operation NORTHERN WATCH. Although the applicant provided a copy of his travel orders, there has was no evidence provided, such as travel voucher, to substantiate the travel was carried out. Furthermore, the travel orders did not specify a destination or dates for the travel. The applicant provided two memorandums of appreciation to substantiate he was deployed to Turkey in support of Operation ALLIED FORCE. However, these memorandums are not addressed to the applicant, but rather to a fellow service member. It is noted the fellow service member was listed on the travel order provided by the applicant. The applicant also provided copies of Facebook correspondence where the fellow service member states he received the medals for his service in Turkey. The applicant further stated his injury was incurred in the area of operation and it was significant to warrant evacuation. He believes he would have been evacuated if his unit had not returned stateside. In addition the witness indicates in his statement that he saw the applicant was in pain while they were loading their gear to leave Turkey and that they had been there for two weeks. The applicant also provided a copy of the study “Frequency and Cause of Nonbattle Injuries Air Evacuated from Operations Iraqi Freedom and Enduring Freedom, U.S. Army, 2001- 2006.” There is no official evidence verifying the applicant was injured and was medically evacuated from the AOE during Operation ALLIED FORCE. The NATO Medal (Kosovo) is awarded for 30 days of continuous or accumulated duty in the Kosovo AOE, the former Republic of Yugoslavia or 90 days of continuous or accumulated Italy, Greece, and Hungary in direct support of NATO operations. To obtain award of the NATO Medal, the applicant must apply to NATO as the approval authority, through the United States National Military Representative at Supreme Headquarters Allied Powers Europe (SHAPE) J-1. A complete copy of the AFPC/DPSID 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 18 Oct 13 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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 with respect to the applicant’s request for the Kosovo Campaign Medal and the Armed Forces Expeditionary Medal. 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 the applicant has not been the victim of an error or injustice. As for his request related to the NATO Medal (Kosovo), we note the applicant has failed to exhaust his administrative remedies and therefore find no basis to recommend granting this aspect of his request. In this respect, we note the comments of the Air Force OPR indicating the applicant should contact the United States National Military Representative at Supreme Headquarters Allied Powers Europe (SHAPE) J-1 to ascertain his potential eligibility for the requested medal. As for his request related to his primary specialty, as reflected on his DD Form 214, other than his own assertions, the applicant has provided no evidence that would persuade us that the information reflected on his DD Form 214 as it pertains to his specialty is incorrect. We further note, the applicant was advised the portion of his request relating to his military education, as reflected on his DD form 214, was resolved administratively. In addition, we note the applicant was advised that the information on his DD Form 214 related to participation in Post-Vietnam Era Veteran’s Education Assistance Program (VEAP) was accurate and did not require any action and concur with this determination. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; 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-2013-00682 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 18 Oct 13. Panel Chair