RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05977
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
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 that he be issued a new DD Form 214.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
While deployed to Iraq during January 2005, he was involved in
an event which met the criteria for award of the AFCAM. He
submitted a decoration package for approval; however, his
initial application was disapproved on 29 October 2009. He
submitted an application package for reconsideration by
USCENTAF/CC through ANGRC/CC; however, the ANGRC/CCE refused to
forward the package for ANGRC/CC signature due to a fundamental
misunderstanding of the facts. He attempted to clarify the
matter but to no avail the package was not forwarded. He
believes that the refusal to forward his package constituted an
error or injustice.
In support of the applicants appeal he submits a personal
statement, email communique, AF IMT Form 3994, Recommendation
for Decoration Deployment/Contingency Operations, dated 20 April
2009 and 15 December 2009, photographs and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 November
2001.
On 31 August 2009, the applicant was honorably discharged. He
served 7 years, 9 months and 20 days on active duty and credited
with 2 years, 9 months and 5 days of foreign service.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSID states the applicant has not exhausted all
administrative avenues for relief.
The applicant submitted his request through the proper
administrative avenue, Air Forces Central Command. According to
the memorandum from Air Forces Central Command dated 29 October
2009, the applicants recommendation for the Air Force Combat
Action Medal was disapproved. The applicant was afforded a one-
time reconsideration so long as the applicants reconsideration
request was placed into official channels within one year of the
original disapproval date of 29 October 2009.
DPSID was advised that a one-time reconsideration request was
not received by their office confirming the applicants claim
that higher headquarters in his chain of command refused to
forward the reconsideration request. Air Forces Central Command
also advised that as long as the original recommending official
submits the applicant for reconsideration they will accept the
package and it is not necessary for the Air National Guard
Commander to sign the request in order for it to be considered.
The applicant must resubmit the original AF IMT 3994 dated
15 December 2009 along with any additional documentation
directly to Air Forces Central Command for reconsideration by
emailing UDPU.Submission@afcent.af.mil.
On 15 March 2007, the Secretary of the Air Force approved
establishment of the Air Force Combat Action Medal to recognize
any military member of the Air Force (airman basic through
colonel) who actively participated in combat (ground to 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 Air
Force Combat Action Medal may be awarded for qualifying service
from 11 September 2001, to a date to be determined. Retroactive
awards prior to 11 September 2001 are not authorized.
The DPSID complete evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days (Exhibit
D). As of this date, no response has been received by this
office.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has not 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 an error or injustice. The
applicants contentions are duly noted; 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 exhausted his
administrative avenues for relief. We advise the applicant to
resubmit his one-time request for reconsideration for award of
the AFCAM as outlined by the office of primary responsibility.
However, should after exhausting his administrative avenue of
relief, the applicant feel he is still a victim of an error or
injustice, the applicant may resubmit his application to the
Board for consideration.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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 AFBCMR Docket
Number BC-2012-05977 in Executive Session on 24 October 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 December 2012, w/atchs.
Exhibit B. Applicants Available Master Personnel Record.
Exhibit C. Letter, AFPC/DPSID, dated 22 April 2013.
Exhibit D. Letter, SAF/MRBR, dated 3 May 2013 2013.
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