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AF | BCMR | CY2003 | BC-2002-02993
Original file (BC-2002-02993.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02993
            INDEX CODE:  107.00

      JEFFREY CADWELL        COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Block 13 of his DD Form 214, Certificate of Release or Discharge  from
Active Duty, be changed to reflect  that  he  was  awarded  the  Armed
Forces Expeditionary Medal (AFEM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He participated in Operation Southern Watch in  Saudi  Arabia  from  8
August 2000 to 15 November 2000 and, as a result,  should  be  awarded
the AFEM.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on  6
May 1998.  He was progressively promoted to the grade of Senior Airman
(SRA/E-4) with a date of rank of 6 May 01.

On  9  October  2000,  while  stationed  in  Saudi  Arabia  supporting
Operation Southern  Watch,  applicant  received  an  Article  15,  for
sleeping at his sentinel post.  The punishment imposed was a suspended
reduction in grade to Airman (AMN/E-2), forfeiture of $150  per  month
for two months, and a  reprimand.   His  commander  characterized  the
applicant’s service as being not honorable and directed that applicant
not be awarded the AFEM.

The applicant was involuntarily discharged, after his  first  term  of
service, on 20  May  2002,  with  an  honorable  discharge  under  the
provisions of AFI  36-3208,  Unsatisfactory  Performance  (Failure  of
Career Development Courses).  Applicant had served 4 years and 15 days
of active duty and was serving in the grade of  SRA  at  the  time  of
discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR, recommended disapproval  of  the  applicant’s  request.
While DPPPR noted that the applicant would normally have been  awarded
the AFEM,  he  was  not  eligible  due  to  his  deployed  commander’s
direction to the contrary.  DPPPR cited DoD Manual 1348-33-M, pages 6-
8, as the basis for the deployed commander’s  authority  to  deny  the
award.  The  manual  requires  that  the  service  of  the  member  be
honorable in order for him to qualify for the award.  (Exhibit C)

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends that he is being judged solely on the  incident
that took place while TDY to Saudi Arabia.  The applicant argues  that
other Air Force members have one or more Article 15’s that do not seem
to have had as negative an impact on their careers  as  was  the  case
with his career.

He offers the following in support of his claim.  That:

           a. He  completed  his  tour  in  Saudi  Arabia  even  after
receiving the Article 15.

           b. This was the only Article 15 he received while on active
duty.

           c. After his six-month suspended ‘bust’ (through  13  April
2001) he was promoted from Airman First Class to SRA on 6 May 2001.

           d. He received the Air Force Good Conduct Medal (AFGCM).

           e. He was honorably discharged.

The applicant feels that he completed his service  in  a  satisfactory
manner and should be awarded  the  Armed  Forces  Expeditionary  Medal
(AFEM).

The applicant’s rebuttal is at Exhibit E.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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.
The board noted that while the applicant substantiated his eligibility
for the award, his commander in the field directed  that,  because  of
the Article 15 punishment for sleeping on sentinel duty,  he  did  not
consider the applicant’s service as honorable.  Although the applicant
clearly disagrees with  his  commanding  officer’s  judgment  in  this
matter, the determination was clearly within the  discretion  of  that
officer and there is no  evidence  that  he  abused  that  discretion.
Therefore, in the absence of evidence to the  contrary,  wWe  find  no
compelling 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-
2002-02993 in Executive Session on 18 March 2003, under the provisions
of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dtd 16 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPRA, dtd 3 Oct 02, w/atchs.
    Exhibit D.  Letter, HQ AFPC/DPPPR, dtd 21 Nov 02.
    Exhibit E.  Letter, SAF/MRBR, dtd 27 Nov 02.
    Exhibit F.  Letter, Applicant, dtd 26 Dec 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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