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AF | BCMR | CY2011 | BC-2010-02182
Original file (BC-2010-02182.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02182

            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant  requests  that  his  records  be  corrected  to  reflect  his
entitlement to the following awards and decorations:

1.  The Iraq Campaign Medal (ICM)  (Administratively  corrected  to  reflect
award of the Global War on Terrorism Expeditionary Medal  (GWOT-E)  in  lieu
of the ICM.

2.  The GWOT-E Medal (Administratively Corrected).

3.  The Air Force Good Conduct Medal (AFGCM).

4.  The Air Force Expeditionary  Service  Ribbon  (AFESR)  (Administratively
Corrected).

5.  The Air Force Combat Action Medal (AFCAM).

6.  The Small Arms Expert Marksmanship Ribbon (SAEMR).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned these awards and would  like  to  have  his  record  corrected  to
reflect his service.

In support of the appeal, the applicant provides a copy of special order TE-
0174.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 Aug 00 for  a  term  of
six  years.    He  was  discharged  on  30  Dec  03  for  Conditions  not  a
Disability, with service characterized  as  honorable.   His  DD  Form  214,
Certificate of Release or Discharge  from  Active  Duty,  does  not  reflect
award of the requested awards.

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.

On 12 Apr 10, AFPC/DPPAPP informed the applicant  that  they  were  able  to
verify that he served in Baghdad, Iraq, from 10 Jul 03 to  12  Sep  03,  for
two months, and three days, and that his DD Form 214 would be  corrected  to
reflect his correct Foreign Service and boots on the ground in Iraq.

On 14 Oct 10, AFPC/DPSIDR notified  the  applicant  that  after  a  thorough
review of his military personnel records,  they  were  able  to  verify  his
entitlement to the GWOT-E, the AFESR with Gold Border (w/GB) and the  Global
War on Terrorism Service Medal (GWOT-S).

On 15 Mar 07, the Secretary of the Air Force approved establishment  of  the
AFCAM to recognize any military member of the Air Force (airman  basic  thru
colonel) who actively participated in combat (ground or air). The  principal
eligibility criterion is that the individual must  have  been  under  direct
and hostile fire while operating in unsecured space  (outside  the  defended
perimeter), or physically engaging hostile forces  with  direct  and  lethal
fire.  The Commander, Air Force Forces (COMAFFOR)  is  the  award  authority
for the AFCAM.  The award criteria for the  AFCAM  is  similar  to  that  of
other U.S. services but is more specific with regard  to  combat  conditions
criteria. Personnel who earned the Combat Infantryman Badge,  Combat  Action
Badge, Combat Medical Badge or Combat Action Ribbon while assigned with  the
U.S. Army, U.S. Navy or U.S. Marine Corps may submit a copy of  that  award,
along with other documentation required in this  message,  to  the  COMAFFOR
for consideration for award of the AFCAM.   The  AFCAM  may  be  awarded  to
members from the other U.S. armed forces and foreign soldiers serving  in  a
U.S. Air Force unit, provided they meet the award criteria.

Criteria: Combat conditions defined:  For the purposes of  this  award,  the
combat conditions are met when;  Individual(s) deliberately go  outside  the
defended perimeter to conduct official duties – either ground  or  air,  and
come under enemy attack by lethal weapons  while  performing  those  duties,
and are at risk of grave danger or individual(s) are defending the base  (on
the defended perimeter), and come under  fire  and  engage  the  enemy  with
direct and lethal fire, and are at risk  of  grave  danger;  also  meet  the
intent of combat conditions  for  the  award.   Additionally,  personnel  in
ground operations who actively engage the enemy with direct and lethal  fire
may qualify even if no direct fire is taken--as long as there  was  risk  of
grave danger and other criteria are met.  Central to the integrity  of  this
combat  recognition  is   the   adherence   to   these   combat   conditions
prerequisites.

Criteria ground:  Individual must be in  combat  conditions  as  defined  in
combat conditions defined above. 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.  Individuals  must  be  physically
present, at risk of grave danger  and  performing  in  accordance  with  the
prescribed rules of engagement.  Personnel outside  the  defended  perimeter
must be fired upon by the enemy  with  lethal  weapons;  returning  fire  is
situation dependent and not necessarily a precondition  of  award.  Risk  of
grave danger to the individual must be detailed  in  the  award  submission.
Encampments, compounds and protected areas (inside the  defended  perimeter)
will normally not qualify as venues for this award unless the individual  is
serving in a  defensive  capacity,  taking  fire  and  engaging  the  enemy.
Augmenting  a  defensive  fighting  position  and  taking  fire,  regardless
official duties, would also qualify as combat action if all  other  criteria
were met. Receiving mortars, responding to  alarm  condition,  reporting  to
bunkers, do not independently constitute combat action for  the  purpose  of
this award. However, should combat conditions arise out of such events  then
exceptions to policy with full justification can  be  submitted.   Personnel
eligible for the award of the Purple Heart do not automatically qualify  for
the AFCAM.  Purple Heart recipients must apply for  the  AFCAM  through  the
appropriate award channels. 

The AFCGM was authorized on 1 Jun 63 and  is  awarded  to  enlisted  service
members of the U.S. Air Force for  exemplary  conduct  during  a  three-year
period of military service while in  the  active  military  service  of  the
United States.

The SAEMR is awarded to all US Air Force service members  who  after  1  Jan
63, qualify as expert in small arms marksmanship with either the M-16  rifle
or issue handgun.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial regarding the applicant’s  request  for  award
of the AFCAM, the AFGCM, and the SAEMR.   DPSIDR  indicates  that  regarding
the applicant’s  request  for  award  of  the  AFCAM,  he  did  not  provide
sufficient evidence and his military personnel records (MPR) do not  contain
documentation to support forwarding his request to the  approval  authority,
Air Force Central Command, for a decision.

DPSIDR states that documentation in the applicant’s MPR references a  denial
letter, dated 30 Sep 03, for award of the AFCMG, and  they  were  unable  to
verify the applicant qualified for award of the SAEMR.

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 29  Oct
10, 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 error or injustice regarding  his  request  for  award  of  the
AFGCM, the AFCAM,  and  the  SAEMR.   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 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
applicant’s records will be administratively corrected to reflect  award  of
the GWOT-E in lieu of the ICM, the AFESR w/GB, and the  GWOT-S.   Therefore,
in the absence of sufficient evidence the applicant was  entitled  to  award
of the AFGCM, the AFCAM, and the  SAEMR,  we  find  no  basis  to  recommend
granting this portion of his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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  Docket  Number  BC-2010-02182
in Executive Session on 8 Feb 11, under the provisions of AFI 36-2603:

      Ms. ------------, Panel Chair
      Ms. ------------, Member
      Ms. ------------, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 May 10, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPSIDR, dated 14 Oct 10.
      Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10.





      --------------
      Panel Chair

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