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AF | BCMR | CY2008 | BC-2007-01462
Original file (BC-2007-01462.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01462
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Armed Forces Expeditionary Medal (AFEM) be added to  his  DD  Form
214, Certificate of Release or Discharge from Active Duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged prior to the award being recorded  on  his  DD  Form
214.

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted  on  active
duty on 31 August 1994.

On 30 August 1998, he was honorably discharged in the grade of  senior
airman (E-4).  He served 4 years on active duty.

The AFEM is awarded to members of the United States Armed Forces  who,
after 1 July 1958, have  participated  in  a  United  States  military
operation and encountered foreign armed opposition, or were in  danger
of hostile action by foreign Armed Forces.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states  the  applicant  served  a
four month temporary duty assignment to Saudi Arabia; however, the DOD
Manual 1348.33M, chapter 6, states the military service of the service
member on which qualification of the award of the AFEM is based  shall
have been honorable.  The applicant received an Article 15 during  his
tour to Saudi Arabia, which makes him  ineligible  for  award  of  the
AFEM.

The complete DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
12 October 2007 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
available evidence and the applicant’s complete submission, we are not
persuaded his records should be corrected to show he was  awarded  the
AFEM.  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.  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 the evidence presented did  not  demonstrate
the existence of material error  or  injustice;  the  application  was
denied without a personal appearance; and 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 AFBCMR Docket Number BC-
2007-01462 in  Executive  Session  on  27  November  2007,  under  the
provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
            Ms. Debra K. Walker, Member
            Mr. Kurt R. LaFrance, Member
The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-01462 was considered:

    Exhibit A.  DD Form 149, dated 1 May 2007.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C   HQ AFPC/DPPPR, dated 23 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 12 October 2007.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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