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AF | BCMR | CY2008 | BC-2007-01480
Original file (BC-2007-01480.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01480
                                             INDEX CODE:  107.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to  reflect  award  of  the  Air  Force  Combat
Action Medal (AFCAM).

________________________________________________________________

APPLICANT CONTENDS THAT:

He is eligible for award of the AFCAM as a  result  of  his  combat  sorties
over Afghanistan.

In support of his  appeal,  he  has  provided  copies  of  the  Citation  to
Accompany the Award of the Air Medal (Fourth  Oak  Leaf  Cluster),  and  his
Aerial Achievement Medal (AAM).

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 18 July 1983, and retired  in
the grade of lieutenant colonel (O-5) effective 1 August 2003.  His  records
indicate that during OPERATION ENDURING FREEDOM (OEF), he  was  awarded  the
Air Medal (Fourth Oak  Leaf  Cluster)  for  meritorious  achievement  on  14
November 2001, and the  AAM  for  meritorious  achievement  for  the  period
16 October 2001 to 13 January 2002.

The AFCAM was approved by the Secretary of  the  Air  Force  (SECAF)  on  15
March 2007 to recognize any military member of the Air Force  (airman  basic
through colonel) who  actively  participated  in  combat  (ground  or  air),
retroactive to 11 September 2001.  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.

Air  Force  Instruction  36-2803,  paragraph  3.8,  Special  Procedures  for
Decorations Arising From Combat Operations, states, in  part,:   “To  ensure
consistency for decorations arising from  combat  operations,  the  NAF  and
JTF/CTF Air Component Commanders shall forward,  in  a  timely  manner,  all
recommendations for  decorations  arising  out  of  combat  operations,  not
within their authority to approve, to the MAJCOM Commander  serving  as  the
Air Component Commander to the supported CINC….  The MAJCOM commander…  will
consolidate decoration recommendations submitted by the  NAF  or  Air  Force
Component Commanders.  To the extent  feasible,  they  should  be  evaluated
only after they  have  been  aggregated….”   For  operations  pertaining  to
OEF/OIF, 9th Air Force (9AF) was designated  as  HQ  United  States  Central
Command Air Forces (USCENTAF) and  as  the  Air  Component  Command  to  the
supported CINC.  Beginning in June 2002, approval/disapproval authority  for
all decoration nominations (below the level of the Silver Star) for  OEF/OIF
operations was delegated from the  Secretary  of  the  Air  Force  Personnel
Council (SAFPC) to 9AF/USCENTAF/CC.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR  was  advised  on  20  November  2007   that   USCENTAF/CC   had
disapproved award of the AFCAM to the applicant.  They  therefore  recommend
denial of the applicant’s request for  award  of  the  AFCAM  based  on  the
decision of USAFCENTAF/CC.

The AFPC/DPSIDR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  30
November 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 timely filed.

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 its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error  or  injustice.   Evidence
has been presented that the applicant’s nomination for award  of  the  AFCAM
was disapproved  by  USCENTAF/CC,  the  approval/disapproval  authority  for
OEF/OIF operations.  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 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-2007-01480
in Executive Session on 17 January 2008, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Mr. Anthony P. Reardon, Member
                       Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 20 Nov 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair
of Military Records

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