RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04346
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to include award of the Air Force Combat Action
Medal (AFCAM) and the Afghanistan Campaign Medal (ACM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He qualifies for these medals due to his deployment during
Operation ENDURING FREEDOM (OEF) from 22 February 2003 to 1 May
2003. He participated in combat air operations during this
period logging 74.8 combat hours as a Flight Engineer on the HC-
130P aircraft.
In support of his appeal, the applicant provides copies of his
Individual Flight Record Report and his Air Medal certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 17 August 1978 to 30 November 2003.
He was released from active duty for sufficient service for
retirement; and, retired effective 1 December 2003 in the grade
of senior master sergeant (E-8).
The remaining relevant facts, extracted from the applicants
military service record, are contained in the evaluation provided
by the Air Force office of primary responsibility at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the applicants request for the
ACM. DPSIDR states that his request for entitlement to the AFCAM
has been forwarded to the proper awarding authority, Air Force
Central Command (AFCENT), for review. If AFCENT approves his
request, the award elements will be sent directly to the
applicant. However, if his request is not approved, he has one
year to submit a one-time reconsideration to AFCENT.
DPSIDR indicates the ACM was established by Public Law 108-234,
on 28 May 2004 and implemented by Executive Order 13363 on
29 November 2004. It may be awarded to members who serve or have
served in Afghanistan (or its contiguous air space) in support of
OEF from 24 October 2001 to a date to be determined. Members
must serve in the area of eligibility for at least 30 consecutive
days or 60 non-consecutive days. While participating as a
regularly assigned aircrew member flying sorties into, out of,
within, or over Afghanistan in direct support of OEF; 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
non-consecutive day requirement.
DPSIDR states the Defense Finance and Accounting Service (DFAS)
verified the applicant served in Iraq on 28 February 2003 and in
Pakistan from 1 March 2003 to 30 April 2003. According to the
flight records submitted by the applicant, DPSIDR was able to
determine the applicant acquired 12 non-consecutive flying days
into the area of eligibility, which does not meet the minimum
number of days required for award of the ACM.
The complete 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 4 February 2011, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all remedies provided by
existing law or regulations. In that regard, we note that the
applicant has not exhausted his administrative remedies for award
of the AFCAM. AFPC/DPSIDR has forwarded the applicants request
for award of the AFCAM to AFCENT, the award approval authority.
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 in regard to
the applicants request for award of the ACM. After a thorough
review of the Master Personnel Records and the submitted
documentation, 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. In regard to his
request for award of the AFCAM, as noted above, he has not
exhausted his administrative remedies and consideration of this
request would be premature. Therefore, 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 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-2010-04346 in Executive Session on 28 July 2011, under
the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-04346:
Exhibit A. DD Forms 149, dated 29 Oct 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 10 Jan 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.
Chair
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