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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