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AF | BCMR | CY2007 | BC-2007-01553
Original file (BC-2007-01553.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01553
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  14 November 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  authorized  to  wear,  at  his  own  expense,   the   Armed   Forces
Expeditionary  Medal  (AFEM)  for   participating   in   overseas   military
operations directly related to the attack on Libya from 12-17 April 1986.

________________________________________________________________

APPLICANT CONTENDS THAT:

While deployed to Chung Ju AB, Korea (ROK) for  Operation  Team  Spirit,  he
was placed on special alert in that an attack on Libya was imminent.   As  a
fire protection specialist, he was  assigned  to  a  small  group  that  was
ordered by the Tent Center Base Commander to  begin  emergency  training  in
combat rescue with para-rescue  personnel  for  potential  emergency  rescue
operations in Libya, should the conflict become more involved.

The day of the bombing, they were put on heightened alert  with  their  bags
packed, ready to deploy.  Later, it  was  his  understanding  that  although
they were deployed to Operation Team Spirit in Korea,  their  objective  was
to train for an actual military operation  and  redeployment  to  a  hostile
area.  Little was mentioned after that day.

It was explained that after the attack,  a  “medal”  would  be  awarded  for
participating in combat support and placement in  a  position  for  imminent
hostile action.

He just recently found out that this specific forum was available  for  such
corrections and requests.

In support of his appeal, he has provided copies of  a  personal  statement,
dated 11 June 2007, a MAC Boarding Pass/Ticket, dated 28 March 1986, his  DD
Form 214, dated 25 September 1986, and an undated photo of a sign posted  in
front of a group of tents which stated “Welcome to  Team  Spirit  86,  Chung
Ju.”



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

________________________________________________________________

STATEMENT OF FACTS:

AFPC advises  that  applicant’s  military  record  has  been  lost  and  the
National Personnel Records Center has  provided  a  limited,  re-constructed
military record.  His DD Form 214 indicates active service from 30  November
1982 to 25 September 1986, and the AFPC office of Assignments  has  verified
Foreign Service to Korea from 28 March 1986 to  28  April  1986  (28  days).
The awards listed on his DD Form 214 are the Air  Force  Achievement  Medal,
Air Force Good Conduct Medal, and the Air Force Training Ribbon.  AFPC  will
correct his record to reflect any medals/decorations he was  authorized  due
to his service in Korea.

IAW DoD 1348.33-M, the AFEM is awarded to members of the U.S.  Armed  Forces
who, after 1 July 1958, participate as members of U.S. military units  in  a
U.S. military operation in which Service members of any Military  Department
participate, in  the  opinion  of  the  Joint  Chiefs  of  Staff  (JCS),  in
significant numbers, and who encounter during  such  participation,  foreign
armed opposition, or are otherwise placed in such a position  that,  in  the
opinion of the JCS, hostile action by  foreign  armed  forces  was  imminent
even though it did not materialize.  The AFEM  may  be  authorized  for  the
following  categories  of  operations:   U.S.  military   operations,   U.S.
operations in direct support of the U.N., or U.S. operations  of  assistance
to friendly foreign nations.

The “area of operations” is  defined  as  the  foreign  territory  on  which
troops have actually landed or are present  and  specifically  deployed  for
the direct support of the  designated  military  operation,  adjacent  water
area in which ships are operating, patrolling, or providing  direct  support
of operations, or the air space above and adjacent  to  the  area  in  which
operations are being conducted.  “Direct support”  is  defined  as  services
being supplied to the combat forces in the  area  of  operations  by  ground
units, ships, and aircraft,  provided  it  involves  actually  entering  the
designated area.  That includes ships and aircraft providing  fire,  patrol,
guard, reconnaissance, or other military support.

Service members must  be  bona  fide  members  of  a  unit  engaged  in  the
operation or meet one or more of the  following  criteria:   be  engaged  in
direct support for 30 consecutive days in the area  of  operations  (or  for
the full period when an operation is less than 30-days duration), or for  60
nonconsecutive days provided this support  involves  entering  the  area  of
operations, be engaged  in  actual  combat,  or  duty  that  is  equally  as
hazardous as  combat  duty  during  the  operation  with  armed  opposition,
regardless of time in the area, or participate as a regularly assigned  crew
member of an aircraft flying into, out  of,  within,  or  over  an  area  in
support of the military operations.

The JCS designates U.S. military  operations  that  qualify  for  the  AFEM,
specifies the degree of participation required,  and  defines  the  area  of
operations.  Operation ELDORADO CANYON (attacks  against  forces  in  Libya)
was awarded the AFEM IAW JCS approved  operations  for  award  of  the  AFEM
which are listed in Appendix 5 of DoD 1348.33-M and are at Attachment B.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request to add the  AFEM  to
his DD Form 214.  After a thorough  review  of  his  limited  re-constructed
military  record  and  resources  available,  they  were  unable   to   find
documentation to substantiate his claim that he was redeployed to  Libya  in
support of Operation EL  DOROADO,  and  he  did  not  provide  documents  to
substantiate his claim.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 27  July
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 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 their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.   The
applicant did not provide documentation  to  verify  he  was  redeployed  to
Libya in support of Operation EL DOROADO, or that he was engaged  in  actual
combat, or duty that was equally as hazardous  as  combat  duty  during  the
operation with armed opposition, and his limited  reconstructed  records  do
not include any  TDY  orders,  travel  vouchers,  citations,  or  any  other
documents  to  support  award  of  the  AFEM.   If  he  can   provide   such
documentation, we will reconsider his application.  However, 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-2007-01553
in Executive Session on 11 September 2007, under the provisions of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Josephine L. Davis, Member
                       Mr. Elwood C. Lewis III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 18 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.




                                   WAYNE R. GRACIE
                                   Panel Chair

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