AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00024
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
THE APPLICANT REQUESTS THAT:
She be awarded the Air Force Expeditionary Medal (AFEM).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
The Defense Authorization Act for FY1998 authorized veteran’s
preference to all military members who served on active duty
during the qualifying period rather than those who served in the
campaign area. She was on active duty during the period of
eligibility: 2 August 1990 through 2 January 1992.
In support of her appeal, the applicant provides an excerpt of
The Defense Authorization Act.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force from 9 May 1977 until
31 August 1998, when she retired.
The other relevant facts pertaining to this case are contained in
the Air Force advisory. Accordingly, there is no need to recite
these facts in this Record of Proceedings.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. The AFEM is awarded to members
of the United States Armed Forces who, after 1 July 1958
participated in a US military operation and encountered foreign
armed opposition, or were in danger of hostile action by foreign
Armed Forces. The AFEM was not authorized for the period of
2 August 1990 to 2 January 1992. Therefore, the applicant is
not eligible for the award of the AFEM.
The applicant provided a print-out outlining the pertinent
points of the Defense Authorization Act for FY1998. The outline
explains that veteran’s preference was extended to members on
active duty during the Gulf War from 2 August 1990 to 2 January
1992. There is no provision expanding the criteria for the AFEM
to include all those on active duty during that period.
The applicant has not provided evidence to substantiate the
award of the AFEM.
The complete DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 February 2012, 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. We took notice
of the applicant's complete submission and the available
evidence of record in judging the merits of the case. However,
we are not persuaded, based upon the evidence presented, of her
entitlement to award of the Armed Forces Expeditionary Medal.
Therefore, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its
rationale as the basis of our conclusion that the applicant has
not met the established criteria for entitlement to the
requested award. 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 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
2
Panel Chair
Member
Member
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The Board considered Docket Number BC-2012-00024 in Executive
Session on 7 June 2012, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Dec 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 15 Feb 12.
Exhibit C. Letter, SAF/MRBR, dated 24 Feb 12.
Panel Chair
3
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