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AF | BCMR | CY2007 | BC-2006-03383
Original file (BC-2006-03383.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03383
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXX                   COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  5 May 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

All of the awards and decorations that he received be entered  on  his  last
DD Form 214.  He be awarded the Armed Forces Expeditionary Medal (AFEM).

________________________________________________________________

APPLICANT CONTENDS THAT:

He does not know the exact reason why all of his awards and decorations  are
not listed on his final DD Form 214.  He was eligible to  receive  the  AFEM
but never did.

In support of his application, applicant has  submitted  copies  of  his  DD
Form 214s, effective 6 July 1946, effective 19 November 1951,  effective  17
August 1960, and effective 31 July 1966.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The AFEM is awarded to members of the U.S. Armed Forces who,  after  1  July
1958, participated in U.S. military operations, U.S. operations  in  support
of the U.N., or U.S. operations of assistance to friendly  foreign  nations.
The Joint Chiefs of Staff (JCS) designates  U.S.  military  operations  that
qualify for the AFEM, specifies the degree of  participation  required,  and
defines the area of operations.  JCS approved operations for  award  of  the
AFEM are listed in DoD 1348.33-M, and are at Attachment C.

Applicant served on active duty from 23 August 1944  through  31 July  1966.
His DD Form 214s indicate he received the following awards and  decorations:
 American Theater Service  Medal,  European-African-Middle  Eastern  Service
Medal w/2 Bronze Service  Stars,  Good  Conduct  Medal  w/5  Bronze  Clasps,
Purple Heart, WW II Victory Medal, Korean  Service  Medal,  Combat  Infantry
Badge, Japanese Occupational Medal, Air Force Longevity  Service  Award  w/3
Bronze Clasps, Air Force Good Conduct Medal,  Air  Force  Longevity  Service
Award w/4 Bronze Oak Leaf Clusters, Small Arms Expert  Marksmanship  Ribbon,
and the National Defense Service Medal w/1  Bronze  Service  Star.   At  the
time  of  his  separation,  AFM  35-5,  Separation  Documents  and   General
Separation Procedures, stated that only those decorations, unit awards,  and
awards that were awarded during the current enlistment were to be listed  on
the DD Form 214, and, if this included the AFEM, the area of operations  was
to be shown on the DD Form 214.

AFI 36-3202, Separation Documents, now states to list all decorations,  unit
awards, badges, and service awards for all periods  of  service  up  to  the
effective date of the DD Form 214, but goes on to state  that  the  DD  Form
214 need not be amended for medals created after the effective  date  unless
the medals verify Veterans’ benefits.  AFI 36-3202 also  requires  the  area
of operation be shown for the AFEM.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the AFEM since no official documentation  is
contained in applicant’s records that verifies his participation  in  a  JCS
approved operation for award of the AFEM.  They recommend  that  he  provide
official military documentation (TDY  orders,  travel  vouchers,  citations,
etc.) that state which operation he participated in and the location of  the
operation.

The AFPC/DPPPR evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  1
December 2006, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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.
Applicant’s records  did  not  include  any  TDY  orders,  travel  vouchers,
citations, or  any  other  documents  to  verify  his  participation  in  an
operation qualifying him for the AFEM, nor  do  any  of  his  DD  Form  214s
contain  such  a  statement.   Additionally,   the   governing   Air   Force
regulations at the  time  of  his  retirement  stipulated  that  only  those
decorations, unit awards, and service awards that were  awarded  during  the
current enlistment or active duty period were to be entered on his  DD  Form
214.  Therefore, in the absence of evidence to  the  contrary,  we  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  Docket  Number  BC-2006-03383
in Executive Session on 17 January 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  DoD 1348.33-M, and AFM 35-5, dated 18 Sep 68.
    Exhibit D.  AFPC/DPPPR Letter, dated 14 Nov 06.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Dec 06.





                                   THOMAS S. MARKIEWICZ
                                   Chair


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