RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03922
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was awarded the
following awards and decorations:
1. Air and Space Campaign Medal (ASCM).
2. Air Force Expeditionary Service Ribbon (AFESR).
3. Korean Defense Service Medal (KDSM) (administratively
corrected).
________________________________________________________________
APPLICANT CONTENDS THAT:
He is entitled to these decorations as they were approved after
his discharge, but retroactively awarded for specific operations
and service which he performed.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, enlisted performance reports (EPR), contingency/exercise/
deployment (CED) orders, award certificates and orders, and
documentation related to his disability discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 30 May 91 and was progressively
promoted to the grade of staff sergeant (E-5), effective and
with a date of rank of 21 Nov 00. On 14 Jun 01, he was relieved
from active duty and transferred to the temporary disability
retired list (TDRL), effective 15 Jun 01, and was credited with
10 years and 15 days of total active service. On 5 Nov 02, he
was removed from the TDRL and discharged with entitlement to
disability severance pay.
On 1 Feb 10, AFPC/DPSIDR notified the applicant of their
determination of his entitlement to the KDSM and their action to
administratively correct his records.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the applicants request for the
ASCM and AFESR, indicating there is no evidence of an error or
injustice. The AFESR is awarded to Air Force members who
complete a contingency deployment after 1 Oct 99. While the
applicant did perform what would be a qualifying deployment to
Taszar, Hungary, the deployment took place in 1996, well before
the AFESR was established and eligibility was not made
retroactive. The ASCM is awarded to Air Force members who,
after 24 Mar 99, participated in, or directly supported, a
significant US military operation designated by the Chief of
Staff of the Air Force. The medal is awarded only to personnel
who provided direct support of combat operations from outside
the geographic area of operations as determined by the Joint
Chiefs of Staff. Service members must be assigned or attached
to a unit engaged in the operation and personnel must be engaged
in direct support for at least 30 consecutive or 60
nonconsecutive days. If at home station, members must perform
functions or missions that historically were deployed forward,
or are entirely new or future missions, which due to
technological advances, are no longer constrained by geographic
location. This includes but is not limited to, sortie
generation, intelligence, surveillance, targeting, computer
network attack operations, etc. No documentation was located or
provided to verify the applicant was deployed in direct support
of Operation ALLIED FORCE. Additionally, the applicant was
assigned normal duties in Turkey during this operation and
therefore is not eligible for the ASCM under the provisions
related to direct support from home station.
A complete copy of the 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 18 Feb 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 regarding the
applicants request for the Air and Space Campaign Medal (ASCM)
and Air Force Expeditionary Service Ribbon (AFESR). 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.
We note the Air Force OPR has determined the applicants
eligibility for the Korean Defense Service Medal (KDSM) and his
records have been administratively corrected. Therefore, in the
absence of evidence to the contrary, we find no basis for us to
recommend granting the applicants remaining requests.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-03922 in Executive Session on 6 Jul 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-03922 was considered:
Exhibit A. DD Form 149, dated 2 Oct 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 7 Feb 11.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11.
Panel Chair
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