RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00191
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Afghanistan Campaign Medal (ACM)
administratively corrected.
2. He be awarded the Air Force Combat Action Medal (AFCAM).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He earned the ACM and AFCAM; however, he was not awarded the
medals. His multiple deployments, combat sorties flown, and the
lives he saved in Afghanistan merit these awards.
In support of his request, applicant provides a copy of the award
criteria, a copy of his Air Medal citations, and a copy of his
special orders.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Regular Air Force on 30 Nov 06 in
the grade of major (0-4).
AFPC/DPSIDR sent a letter to the applicant notifying him that they
administratively corrected his entitlement to the ACM. However,
the AFCAM was forwarded to United States Central Command for a
decision.
AFCAM Criteria: Individual must be flying as authorized aircrew
members on aeronautical orders in direct support of a combat zone
and in combat as defined in combat conditions. Combat must take
place in a combat zone defined as a geographic area designated by
the president via executive order or a qualified hazardous duty
area in which a member is receiving Imminent Danger Pay or Hostile
Fire Pay. Individual must be physically present, at risk of grave
danger and performing satisfactorily in accordance with the
prescribed rules of engagement. Individual must be performing
assigned duties. Traveling passengers, including aircrew
manifested as passengers, on an aircraft are not eligible based
solely on their presence if the aircraft were to come under fire.
The AFCAM may be awarded for qualifying service from Sept. 11, 2001
to a date to be determined. Retroactive awards prior to Sept. 11,
2001 are not authorized. There is no minimum time-in-theater
requirement to qualify for the AFCAM. Only one AFCAM may be
awarded during a qualifying period. Subsequent qualifying periods
will be determined by the Secretary of the Air Force. Only one
award per operation is authorized. Operations Iraqi Freedom and
Enduring Freedom are considered one operation. Subsequent
operations will be approved by the Air Force Chief of Staff and
will be indicated by the use of a gold star on the ribbon and
medal.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the AFCAM. DPSIDR states that on
13 May 10 the USAFCENT/CC disapproved the recommended decoration of
the AFCAM and cited the governing regulations regarding a one-time
request for reconsideration of the original award recommendation.
Based on the decision rendered by the USAFCENT/CC, DPSIDR cannot
support the applicants request.
The DPSIDR 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 11 Jun 10 for review and comment within 30 days. As of this
date, this office has received no response.
___________________________________________________________________
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 an error or injustice. After a
thorough review of the available evidence and the applicant's
complete submission, we find no evidence that his records should
be corrected to show he was awarded the AFCAM. We took note that
the Commander, USAFCENT previously considered his award of the
AFCAM for his deployment to Afghanistan and disapproved the
request because it did not meet the criteria. It is our opinion
that the Commander, USAFCENT, who is authorized to make decisions
in these matters is in the best position to make this
determination. Evidence has not been provided which would lead us
to believe that his decision was erroneous or unjust. As such, 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 relief beyond that already granted
administratively is not warranted. In the absence of evidence to
the contrary, we find no 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-2010-00191 in Executive Session on 20 Jul 10, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 28 May 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
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