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AF | BCMR | CY2007 | BC-2007-01264
Original file (BC-2007-01264.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01264
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  28 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Air Force Combat  Action
Medal (AFCAM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is eligible to receive the AFCAM.  The medal was not  released  while  he
was on active duty from 1997 to 2003.

In support of his application, the applicant  submits  his  DD  214,  Bronze
Star Medal with Valor (BSM/V) citation, and transmittal record.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 Nov 03, the applicant was relieved  from  active  duty  and  honorably
discharged in the grade of staff sergeant.  Applicant was  credited  with  5
years, 11 months and 28 days of active duty service to include  5  years,  5
months and 8 days of Foreign Service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states the AFCAM was established  by
SECAF to recognize any military member who actively participated  in  combat
(ground or air).  The principal eligibility criteria is that the  individual
must have been under direct and hostile fire while  operating  in  unsecured
space (outside  the  defended  perimeter)  or  physically  engaging  hostile
forces with direct and lethal fire.

On 15 Aug 07, USCENTAF (approving  authority)  disapproved  the  applicant's
request for receipt of this award.

The complete DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14  Sep
07 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice  warranting  corrective   action.    The
applicant requests he be awarded the AFCAM for his participation  in  ground
combat in  support  of  Operation  Enduring  Freedom.   In  support  of  his
request, applicant provided a copy of the narrative used  to  justify  award
of his Bronze Star Medal with Valor.  His request was forwarded through  the
appropriate channels to USCENTAF for consideration and was disapproved.   We
can only assume the narrative provided was the same information provided  to
USCENTAF for consideration.  Based on guidance set forth  by  the  Secretary
of the Air Force, the basic eligibility criterion  is  that  the  individual
must have been under direct and hostile fire  while  operating  in  unsecure
space (outside a defended perimeter) or physically engaging  hostile  forces
with direct and lethal fire.  After our review of the evidence  provided  it
appears clear to us that the events that led to his submission for  the  BSM
satisfy the principal criteria for award of the  AFCAM.   In  this  respect,
the narrative provides statements regarding his actions during  a  firefight
such as "...leaving the safety of the compound walls..." and  "As  applicant
exited  the  compound  walls,  two  RPG-7  rounds  burst  over  the  top  of
applicant's vehicle and hundreds of AK-47 and PKM  rounds  cracked  as  they
passed over the vehicle.  Undeterred by incoming fire..."  No rationale  was
provided as to why USCENTAF disapproved his request and we are not aware  of
whether or not USCENTAF  utilizes  any  additional  specific  criteria  when
considering members for  this  award.   Nevertheless,  after  reviewing  the
evidence provided we believe the applicant has established reasonable  doubt
as to whether or not the determination that his  actions  do  not  meet  the
criteria  for  the   award   was   correct   under   established   guidance.
Accordingly, it is our opinion that the benefit of any doubt in this  matter
should be resolved in his favor, and therefore, we recommend his records  be
corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that 15 August 2007, he  was  awarded  the
Air Force Combat Action Medal.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 November 2007, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Debra K. Walker, Member

The following documentary evidence was considered in AFBCMR BC-2007-01264:

    Exhibit A.  DD Form 149, dated 17 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 20 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.



            MICHAEL K. GALLOGLY
            Panel Chair




AFBCMR BC-2007-01264



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 15 August 2007 he was
awarded the Air Force Combat Action Medal.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency





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