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AF | BCMR | CY2009 | BC-2009-00802
Original file (BC-2009-00802.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00802
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show the award of the Air Force  Good  Conduct
Medal (AFGCM) (administratively corrected), the Afghanistan Campaign Medal
(ACM), and the Global War  on  Terror  –  Service  (GWOT-S)  medal  (admin
correction).

_________________________________________________________________

APPLICANT CONTENDS THAT:

After leaving the Air Force and joining the Naval Reserve,  he  noticed  his
DD Form 214, Certificate of Release  or  Discharge  from  Active  Duty,  was
missing an ACM.  While assigned to Italy, he was deployed to  Kyrgyzstan  in
support of Operation Enduring Freedom (OEF).  While deployed from 30 May  04
to 2 Sep 04, he  was  sent  to  Forward  Operating  Base  (FOB)  Salerno  in
Afghanistan for two weeks.  While there he came under  enemy  rocket  attack
but was not injured.  He returned to Italy on 2 Sep  04.   He  received  the
AFGCM but it was not included on his DD Form 214.   He  believes  he  earned
the GWOT-S as well.  However, receipt of the ACM is his top priority.

In support of his appeal, the applicant provides a narrative  statement  and
copies of his DD Form 214, deployment record, and orders to Italy.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty with the Regular Air Force from 18 Jun  02
to 18 Dec 04.  During that time, he was deployed to Kyrgyzstan from 1  Jun
04 to 30 Sep 04.  He left the  Air  Force  as  part  of  a  force  shaping
agreement on 18 Dec 04.

By letter, dated 6 April 2009, AFPC/DPSIDR  notified  the  applicant  that
they had verified his entitlement to the  AFGCM,  the  GWOT-S,  the  GWOT-
Expeditionary Medal (GWOT-E), and the Air Force Expeditionary Ribbon  with
Gold Border (AFESR w/GB).  He was further advised that  his  DD  Form  214
would be administratively corrected to  reflect  his  entitlement  to  the
decorations.

Eligibility for award of the ACM includes assignment or  attachment  to  a
unit participating in direct support of OEF.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for award of  the
ACM.  DPSIDR was unable to confirm the applicant served  in  the  Area  of
Engagement (AOE) of Afghanistan.

DPSIDR’s complete 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  1
April 2009 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 timely filed.

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.  We took notice of the applicant's  complete  submission
in judging the merits of the case and  it  appears  his  record  has  been
corrected to indicate award of those decorations he has shown  entitlement
to; however, as he has not presented evidence indicating  his  entitlement
to the ACM, 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 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-2009-
00802 in Executive Session on 7 October 2009, under the provisions of  AFI
36-2603:



The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 February 2009, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 6 April 2009.
    Exhibit D.  Letter, SAF/MRBR, dated 1 April 2009.





                                   Panel Chair

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