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AF | BCMR | CY2012 | BC-2012-03841
Original file (BC-2012-03841.txt) Auto-classification: Denied
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 Defense’s (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 veteran’s preference is critical when reviewing 
applications for federal employment and has already prevented 
him from being referred for two federal positions.  Also, the 
veteran’s 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 applicant’s 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 
applicant’s 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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