RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00699
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Armed Forces Expeditionary Medal (AFEM).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He is entitled to the AFEM because he served with the Eighth Air Force in
Libya and supported the Congo crisis from August 1960 to May 1962.
The applicant states that Item 24, Statement of Service, of his DD Form
214, Armed Forces of the United States Report of Transfer or Discharge,
issued in conjunction with his 8 November 1963 discharge, indicates that he
had 1 year, 9 months, and 9 days of foreign and sea service.
In support of the appeal, the applicant submits a copy of his DD Form 214.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 23 February 1960 and was
progressively promoted to the grade of Airman Third Class.
From 23 February 1960 to 4 May 1962, he was assigned to the Headquarters ---
-d Air Base Wing, at Wheelus AB, Libya, as a fuel specialist.
On 8 August 1961, the commander notified him of his intent to impose
nonjudicial punishment under Article 15 of the Uniform Code of Military
Justice (UCMJ) for operating a vehicle in the city of Tripoli, Libya,
without having a valid driver’s license in his possession. He waived his
right to a trial by court-martial and did not submit matters in mitigation
or defense. On 18 August 1961, the commander determined he did commit the
alleged offense and imposed punishment consisting of reduction to the grade
of airman basic. He did not appeal the punishment.
On 23 April 1962, he was charged with violating Article 134, of the UCMJ,
by being disorderly in a public place on 15 April 1962, and was referred to
trial by Summary Court-Martial. During the Summary Court-Martial on 25
April 1962, he pled not guilty to the charge and was found guilty. He was
sentenced to confinement at hard labor for a period of 15 days, reduction
to the grade of airman basic, and forfeiture of $30.00.
He was released from active duty on 8 November 1963 and transferred to the
Air Force Reserve (AFRes). He was honorably discharged from the AFRes on
22 February 1966.
On 10 June 2003, his DD Form 214, Armed Forces of the United States Report
of Transfer or Discharge, was administratively corrected to include the
National Defense Service Medal.
Provided they meet other eligibility criteria, members of the armed forces
that participated in U.S. operations in direct support of the United
Nations in the Congo from 14 July 1960 to 1 September 1962, and in U.S.
military operations in the Congo from 23 to 27 November 1965, are eligible
for the Armed Forces Expeditionary Medal (AFEM).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied and states, in part, that
the applicant did not provide any documentation to substantiate his
request. He spent his overseas tour in Libya and was not deployed to the
Congo during the period 14 July 1960 through 1 September 1962 in support of
OPERATION NEW TAPE. Even if he had been deployed to the Congo, he would
not be eligible for the AFEM because his tour in Libya was not honorable,
as evidenced by the Article 15 and Summary Court-Martial actions while
overseas.
The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 16 June 2003 for review and response within 30 days. However, as of
this date, this office has received no 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 an error or injustice. After reviewing the evidence of
record, we find no evidence that the applicant was deployed to the Congo
during the period required to be eligible for the AFEM. In the absence of
evidence showing that he served in the Congo, we believe that the applicant
has failed to sustain his burden that he has been the victim of an error or
injustice. Therefore, we find no compelling basis to recommend favorable
action on 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-2003-0699 in
Executive Session on 17 September 2003, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Michael V. Barbino, Member
Ms. Patricia Kelly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 5 Jun 03, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 16 Jun 03.
PEGGY E. GORDON
Panel Chair
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