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AF | BCMR | CY2007 | BC-2007-00218
Original file (BC-2007-00218.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00218
                                             INDEX CODE:  107.00
      XXXXXXXXXXXX                      COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 August 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect entitlement  to  the  Iraq  Campaign
Medal (ICM) and the Army Combat Action Badge (CAB), and that his  Air  Force
Achievement Medal (AFAM) be upgraded to the  Air  Force  Commendation  Medal
(AFCM) with “V” device.

________________________________________________________________

APPLICANT CONTENDS THAT:

He received the Global War on Terrorism Expeditionary Medal  for  his  first
deployment to Qatar.  He again qualified for this medal  during  his  second
deployment to Kuwait/Iraq, and would like this to be an ICM.  He served  for
approximately five months in the AOR approximately 30 miles  from  the  Iraq
border supporting combat missions in and out of Iraq on C-130 aircraft.

He was deployed two times to the AOR in support of Operation  Iraq  Freedom/
Operation Enduring Freedom (OIF/OEF), and worked with the  Army,  Navy,  and
Marines in Kuwait, Qatar, and  Iraq  for  approximately  eight  months.   He
received the Air Force Outstanding Unit Award with “V” device for  his  2005
deployment, and the Air Force Expeditionary Service Medal (AFESM) with  Gold
Border, which proves he was in a hostile environment.

The period for which he received the AFAM, 31 December 2002 to 27 May  2006,
was under-evaluated and deserves an upgrade.

In support of his appeal, he has provided copies of his DD Form 214,  Travel
Vouchers from two deployments to Kuwait/Qatar/Iraq, a Letter  of  Evaluation
(LOE) for the period 20 February 2005 through 30 May 2005, his  AFPC  Awards
and Decoration Information printout, the Special Order and  AFAM  award  for
meritorious service  for  the  period  31 December  2002  to  27  May  2006,
correspondence with the office of Congressman Peter  DeFazio,  and  an  AFPC
Temporary Duty History printout
Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant entered the active Air Force on 28  May  2002  and  served  as  an
aircraft environmental journeyman until his release from active duty  on  27
May 2006.  He was credited  with  eight  months  and  two  days  of  foreign
service, and his records indicate he is  entitled  to  wear  the  Air  Force
Achievement Medal,  National  Defense  Service  Medal,  Air  Force  Training
Ribbon, Air Force Outstanding Unit Award with Valor Device and one Oak  Leaf
Cluster, Meritorious Unit Award, Air Force Good Conduct  Medal,  Global  War
on Terrorism Expeditionary Medal, Global War  on  Terrorism  Service  Medal,
Air Force Expeditionary Service Ribbon with Gold Border  and  one  Oak  Leaf
Cluster, and the Basic Maintenance Badge.

Individuals authorized the ICM must have served in direct support of OIF  on
or after 19 March 2003.  The area of eligibility encompasses all  land  area
of the country of Iraq, and the contiguous water area  out  to  12  nautical
miles, and all air spaces  above  the  land  area  of  Iraq  and  above  the
contiguous water area out to 12 nautical miles.  Service members  must  have
been assigned, attached, or mobilized to units  operating  in  the  area  of
eligibility for 30 consecutive days or for 60 non-consecutive  days,  or  be
engaged in combat during an armed engagement regardless of the time  in  the
area of eligibility, or, while participating in an operation or on  official
duties, become wounded or injured and require medical  evacuation  from  the
area of eligibility.

The AFCM is awarded for outstanding achievement or meritorious  service,  or
acts of courage that do not meet the requirements for award of the  Airman’s
Medal or Bronze Star Medal, and sustained meritorious  performance  by  crew
members.  The AFAM is awarded for  outstanding  achievement  or  meritorious
service that does not meet the requirements of the AFCM.  Award of  the  “V”
device for a contingency deployment operation  is  dependent  upon  the  AOR
being declared a hostile environment by the JCS, or hostile acts  identified
by the unified commander or higher authority.  Award of the  “V”  device  is
based solely on the acts or services  of  individuals  who  meet  the  basic
criteria of the AFCM/AFAM, and who are exposed to personal  hazards  due  to
direct hostile action during a  contingency  deployment  operation.   For  a
single event, the Air  Force  Component  Commander  may  authorize  the  “V”
device when a  single  event,  i.e.,  terrorist  act,  isolated  combat-type
incident, etc., warrants the “V” device distinction.

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the award of the AFCM with  the  “V”  device
and the ICM.  Applicant’s records show he was in Iraq for a total  of  three
days: 29 March 2005 and 2-3 May 2005; however, his  military  record  failed
to indicate any engagement with the enemy and he is therefore  not  eligible
for the award.  His records indicate he was awarded the AFAM for the  period
31 December 2002 to  27  May  2006;  however,  it  is  up  to  the  approval
authority  as  to  the  level  of  the  award  and  there  is  no   official
documentation in his records from his chain of command endorsing upgrade  of
the AFAM to the AFCM w/V, nor is there a special order  or  award  upgrading
document in his military personnel records.

AFPC/DPSO recommends denial of award of the Army CAB.  They advise the  Army
CAB may be awarded to any soldier after 18 September 2001 performing  duties
in an area where hostile fire pay or imminent danger pay is authorized,  who
is personally present and actively engaged or engaged  by  the  enemy.   The
award is not limited by one’s branch of service or  occupational  specialty,
and most commanders issue this award to qualified soldiers  only  when  they
are directly  engaged  in  combat.   His  records  failed  to  indicate  any
engagement with the enemy, and no citation for award of  the  Army  CAB  was
found in his records.

The ARPC/DPPPR/DPSO evaluations are at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 6  April
2007, 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 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;  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.  He  is  not
eligible for award of the ICM since his records indicate he was in Iraq  for
a total of three days and there is no indication of any engagement with  the
enemy.  Additionally, there is no  official  documentation  in  his  records
from his chain of command endorsing upgrade of his  AFAM,  nor  is  there  a
citation for award of the CAB.  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-2007-00218
in Executive Session on 15 May 2007, under the provisions of AFI 36-2603:

                       Mr. Michael V. Barbino, Panel Chair
                       Mr. Don H. Kendrick, Member
                       Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 29 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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