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AF | BCMR | CY2004 | BC-2004-01098
Original file (BC-2004-01098.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01098
            INDEX CODE:  110.00
      XXXXXXXXXX COUNSEL:  NONE

      XXXXXXXXXX HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from the Armed  Forces,
be corrected to reflect the Armed Forces Expeditionary Medal (AFEM) and  the
Air Force Achievement Medal (AFAM).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He received the AFEM and AFAM in support of Southern Operation Watch.

In support of his appeal, applicant submits a copy of his  DD  Form  214;  a
copy  of  the  Recommendation  for  Decoration;  AF  Form  77,  Supplemental
Evaluation Sheet; and a copy of  his  temporary  duty  orders.   Applicant’s
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 17 April 1997, the applicant enlisted in the Regular  Air  Force  in  the
grade of airman basic (E-1) for a period  of  6  years.   He  received  four
Enlisted Performance Reports (EPR) closing  16 December  1997,  16  December
1998, 5 September 1999 and 5 September 2000, in which  the  overall  ratings
were 5, 4, 5, and 4* respectively (highest rating a 5).  * Denotes  referral
EPR.  The EPR  closing  16  December  1997,  indicates  that  the  applicant
voluntarily deployed to Saudi Arabia.

The applicant was  discharged  on  22  March  2001  with  a  General  (Under
Honorable Conditions) discharge for “Misconduct” with an RE code of 2B.   He
had served 4 years, 11 months and 6 days on active duty.

On 29 Jul 04, during a records  review,  Headquarters  Air  Force  Personnel
Center  identified  an  error  in  Item  13,  Decorations,  Medals,  Badges,
Commenation, Citations and  Campaign  Ribbons  Awarded  or  Authorized,  and
issued the applicant a DD Form 215, Correction to DD  Form  214,  reflecting
the award of the Armed Forces Expeditionary Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the  applicant’s  request  for  the  AFAM  be  denied.
DPPPR states the applicant’s recommendation for decoration  only  proves  he
was recommended for the award not that it was ever approved.   DPPPR  states
the applicant was asked to provide a copy of the special order awarding  the
decoration.  The applicant did not respond.  However,  AFPC/DPPPR  was  able
to verify the applicant’s entitlement to the AFEM and corrected his DD  Form
214 to reflect the AFEM.  The AFPC/DPPPR evaluation,  with  attachments,  is
at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 6 August 2004, a copy of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  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.   Applicant’s  DD  Form  214  has  been
corrected to reflect award of the Armed Forces Expeditionary  Medal  (AFEM);
therefore, the only request before this  Board  concerns  the  AFAM.   After
reviewing the evidence of record, we are not persuaded that he  is  entitled
to the award.  While he may have been recommended for the AFAM,  the  record
does not show  the  award  recommendation  was  approved  bythe  appropriate
authorities.  Absent such evidence, we agree with the recommendation of  the
Air Force office of primary responsibility and adopt their rationale as  the
basis for our decision that the applicant has failed to sustain  his  burden
that he has suffered an error or an injustice.  Therefore, we find no  basis
to recommend granting him the AFAM.

_________________________________________________________________



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  04-01098  in
Executive Session on 15 September 2004, under  the  provisions  of  AFI  36-
2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Ms. Jean A. Reynolds, Member
                       Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.




                                   LAURENCE M. GRONER
                                   Panel Chair

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