RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00612
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect he was awarded the Afghanistan
Campaign  Medal  (ACM),  the  Iraqi  Campaign  Medal  (ICM),  and  the
Meritorious Service Medal with five Oak Leaf Clusters (MSM w/5 OLC).

2.  His records be corrected  to  reflect  he  was  awarded  the  Army
Commendation Medal (ARCOM), and the North American Treaty Organization
(NATO) Medal for Yugoslavia (Will be Administratively Corrected).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The guidance for award of the requested medals was  not  available  at
the time he retired in 2004.

In support of the request, the applicant provides  excerpts  from  his
military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 7 Jun 78 for a term
of four years.  He was progressively promoted to the  grade  of  chief
master sergeant and retired in that grade on 1 Jan 05.   He  served  a
total of 26 years, 6 months, and 24 days.

His DD Form 214, Certificate of Release or Discharge from Active Duty,
reflects award of the MSM w/5 OLCs, but does not reflect award of  the
ACM or ICM.

On 26 May 09, AFPC/DPSIDR verified the applicant’s entitlement to  the
ARCOM, and the NATO Medal for Yugoslavia.

To be eligible for the  ACM,  a  servicemember  must  be  assigned  or
attached to a unit participating in Operation Enduring Freedom for  30
consecutive days or for 60 nonconsecutive days in Afghanistan or  meet
one of the following criteria: 1) Be engaged in actual combat  against
the enemy and under circumstances involving grave danger of  death  or
serious bodily injury from enemy action, regardless  of  the  time  in
Afghanistan; 2) While participating in Operation Enduring  Freedom  or
on official duties, regardless of time, is killed, wounded or  injured
requiring medical evacuation from Afghanistan; 3) While  participating
as a regularly assigned aircrew member flying sorties  into,  out  of,
within, or over Afghanistan in direct support  of  Operation  Enduring
Freedom; each day that one or more sorties  are  flown  in  accordance
with these criteria shall count as one day towards the 30  consecutive
or 60 nonconsecutive day requirement.

Eligibility for the ICM requires service members  to  have  served  in
direct support of  Operation  Iraqi  Freedom  (OIF).   The  period  of
eligibility is on or after 19 Mar 03 to a future date to be determined
by the Secretary of Defense or the cessation of  OIF.   Servicemembers
qualified for the Global War on Terrorism Expeditionary Medal (GWOT-E)
by reasons of service between 19 Mar 03 and 28 Feb 05, in an area  for
which the ICM was subsequently authorized, shall remain qualified  for
that medal. Upon application, any such servicemember  may  be  awarded
the ICM in lieu of the GWOT-E  for  such  service.   No  servicemember
shall be entitled to both medals  for  the  same  deployment,  action,
achievement or  period  of  service.   Servicemember  must  have  been
assigned, attached or mobilized to units  operating  in  the  area  of
eligibility for 30 consecutive days or for 60 non-consecutive days  or
meet one of the following criteria: 1) Be engaged in combat during  an
armed engagement, regardless of the time in the area  of  eligibility;
2) While participating in an  operation  or  on  official  duties,  is
wounded or injured and requires medical evacuation from  the  area  of
eligibility; 3) While participating as a  regularly  assigned  aircrew
member flying sorties into,  out  of,  within  or  over  the  area  of
eligibility in direct support of the military operations; each day  of
operations counts as one day of eligibility

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states, in part, that  after  a
review of the applicant’s military records, his eligibility for  award
of the ACM or the ICM could not be verified.   The  MSM  w/5  OLCs  is
already listed on his DD Form 214.

The Directorate of Assignments conducted  a  review  of  the  evidence
submitted by the applicant along with his military personnel
records to verify his eligibility for the ACM or the ICM.  The  review
did not indicate service in Afghanistan or Iraq for the applicant.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Jun 09, for review and comment within 30 days.  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 regarding the applicant’s  request
for award of the ACM and ICM.   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 (OPR) and adopt its rationale as the basis  for
our conclusion the applicant has not been the victim of  an  error  or
injustice.  No evidence has been presented that convinces  us  of  the
applicant’s entitlement  to  the  ACM  and  ICM.   Should  he  provide
official documentation in support of his request  for  the  respective
medals, we would be inclined to reconsider his request.   In  view  of
the above, and in the absence of sufficient evidence to the  contrary,
we find no compelling basis  to  recommend  granting  the  applicant’s
request for award of the ACM and ICM.

4.  We note the applicant’s records already reflect award of  the  MSM
w/5 OLCs.  Additionally, his request for award of the ARCOM  and  NATO
Medal for Yugoslavia is being resolved  administratively.   Therefore,
no further action by this Board is necessary.

_________________________________________________________________

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-2009-
00612 in Executive Session on 17 Sep 09, under the provisions  of  AFI
36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Steven A. Cantrell, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. Two DD Form 149s, dated 4 Feb 09, w/atchs.
      Exhibit B. Applicant’s Master Personnel Record.
      Exhibit C. Letter, AFPC/DPSIDR, dated 10 Jun 09.
      Exhibit D. Letter, SAF/MRBR, dated 19 Jun 09.





      CHARLENE M. BRADLEY
      Panel Chair