RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03841
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty be corrected to reflect award of the Armed Forces
Expeditionary Medal (AFEM) for his service in Bosnia.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He fulfilled the requirements for award of the AFEM. He served
as an aerial gunner aboard an AC-130H in the airspace above the
theater of operations during the specified timeframe for award
of the AFEM.
After he was discharged on 17 Aug 98, the Secretary of Defense
(SECDEF) approved the award of the AFEM for those serving in
combat in the Former Republic of Yugoslavia (Operations JOINT
GUARD and JOINT ENDEAVOR).
He was awarded the Armed Forces Service Medal (AFSM) prior to
his discharge and the Department of Defenses (DoD) announcement
of the AFEM. The AFSM does not hold the same weight for federal
employment veteran status and has limited his eligibility for
positions he is qualified for.
The lack of the AFEM prevents him from receiving the 5 point
veteran preference he earned while on active duty. The AFSM and
multiple Air Force Achievement Medals were awarded in lieu of
the AFEM. However, the AFSM only qualifies a federal applicant
for a Veterans Recruitment Appointment (VRA) 5 point preference
status at or below the GS-11 pay grade. Since he is a GS-13,
only the Veterans Employment Opportunity Act (VEOA) 5 point
preference is recognized, which requires the AFEM to be
annotated on a veterans DD Form 214.
The 5 point veterans preference is critical when reviewing
applications for federal employment and has already prevented
him from being referred for two federal positions. Also, the
veterans preference places a federal employee in a higher
status during reduction in force (RIF) actions.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 Jan 92, the applicant enlisted in the Regular Air Force.
He is credited with 6 years, 7 months and 12 days of active duty
service.
His AF Forms 910, Enlisted Performance Report (EPR) rendered for
the period 2 Jun 95 thru 1 Jun 96 and 2 Jun 97 thru 1 Jun 98,
reflects that he participated in support of Operations JOINT
ENDEAVOR and JOINT GUARD.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that the AFEM is
awarded to members of the United States Armed Forces, who, after
1 Jul 58, participated in United States Military operations,
United States operations in direct support of the United
Nations, or United States operations of assistance for friendly
foreign nations. Service members must have been permanently
assigned, attached, or detailed to a unit that participated in
or engaged in direct support of the operation for 30 consecutive
days in a designated AOE in a foreign territory (or for the full
period when an operation is less than 30 days duration) or for
60 non-consecutive days.
DPSID states that a detail review of the applicants military
personnel record verifies he was deployed to the area of
eligibility (AOE) in direct support of both Operations JOINT
ENDEAVOR and JOINT GUARD. However, the applicant has not
provided documentation which would verify that he served a
minimum of 30 consecutive days or 60 non-consecutive days in the
AOE, which is a requirement for the award of the AFEM.
DPSID states that they could not verify the time period of the
applicants deployments nor could they determine the location of
his assignments in support of Operations JOINT ENDEAVOR and
JOINT GUARD. Operation JOINT GUARD includes service in the
total land or airspace of Bosnia-Herzegovina, Croatia, the
Adriatic Sea and those respective air spaces.
The complete DPSID evaluation is at Exhibit C.
_________________________________________________________________
REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 Nov 12, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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 error or injustice. 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 that the applicant has
not been the victim of an error or injustice. Should the
applicant provide official documentation to substantiate he
served a minimum of 30 consecutive days or 60 non-consecutive
days in the AOE for award of the AFEM, we would be willing to
reconsider his request. In view of the above and in the absence
of evidence to the contrary, we find no basis to grant 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 Docket Number
BC-2012-03841 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to the AFBCMR
Docket Number BC-2012-03841 was considered:
Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12.
Panel Chair
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