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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