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AF | BCMR | CY2009 | BC-2008-02132
Original file (BC-2008-02132.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02132
            INDEX CODE:  100.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Armed Forces Expeditionary Medal (AFEM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Sarajevo, Bosnia and Herzegovina from June 1996 to August  1996
as a part of the  United  States  National  Intelligence  Cell  (NIC)  while
assigned to the Joint Analysis Center (JAC), RAF Molesworth, England.

In support of his request, the applicant provided a copy of the  NATO  award
certificate for service in the former Yugoslavia from  27  June  1996  to  2
August 1996.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air Force for 9  years,        7  months
and 16 days, in the grade of staff sergeant (E-5).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR is unable to find  evidence  that  he
was part of a military operation that encountered foreign armed  opposition,
or was in danger of hostile action  by  foreign  armed  forces  which  would
entitle him to the AFEM.

The complete DPSIDR submission is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he received hazardous duty pay during  the  period
of his deployment as well as federal tax-free
status during the same period.  He submits a letter  from  another  deployed
member supporting their deployment  to  Sarajevo  in  support  of  Operation
Joint Endeavor (OJE).

His complete submission, with attachments, is at Exhibit E.
_________________________________________________________________

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  careful  consideration  of  the
applicant's request  and  the  available  evidence  of  record,  we  see  no
evidence of an error or injustice that would warrant corrective action.   In
the absence of official documentation showing he was deployed to an area  of
eligibility qualified for award of 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  failed
to sustain his burden of proof of  the  existence  of  either  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 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 AFBCMR Docket Number  BC-2008-
02132 in Executive Session on 24 September 2008,  under  the  provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Kurt R. LaFrance, Member
      Ms. Debra K. Walker, Member




The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
02132 was considered:

    Exhibit A.  DD Form 149, dated 2 June 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 29 July 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 22 August 2008.
    Exhibit E.  Letter, Applicant, dated 9 September 2008, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair


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