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AF | BCMR | CY2013 | BC 2013 03379
Original file (BC 2013 03379.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
		AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS	

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03379
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Global War on Terrorism Expeditionary Medal 
(GWOT-E).

________________________________________________________________

APPLICANT CONTENDS THAT:

The GWOT-E was approved by Executive Order 13289 after his 
discharge; however, the criterion was retroactive; thus he is 
eligible.

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; Special Order TE-0091 and a GWOT-E fact sheet.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 29 Dec 
1983 through 31 Dec 2003.

For eligibility of the GWOT-E, individuals must have deployed 
abroad, on or after 11 Sep 2001 and a future date to be 
determined, for service in Operation Enduring Freedom (OEF), 
Operation Iraqi Freedom (OIF), or Operation New Dawn (OND) and 
meet one of the following: 

Assigned, attached, or mobilized to a unit participating in 
OEF/OIF and serving for 30 consecutive days or 
60 nonconsecutive days (there is no time limit required for 
nonconsecutive days to be accumulated);

Be engaged in actual combat against the enemy and under 
circumstances involving grave danger or death or serious 
bodily injury from enemy action, regardless of time served in 
OEF/OIF/OND;

Killed, wounded or injured requiring medical evacuation from 
Operations OEF/OIF;

Service members who, as a regularly assigned crew member 
flying sorties into, out of, within or over the area of 
eligibility in direct support of OEF or OIF, are eligible to 
qualify for award of the expeditionary medal.  Each day that 
one or more sorties are flown shall count as one day toward 
the 30 or 60 day requirement.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial. DPSID states that while the 
applicant’s AF Form 911, Senor Enlisted Performance Report (MSgt 
thru CMSgt) and travel order would suggest he deployed in 
support of GWOT operations; without official documentation they 
cannot verify if he was deployed to the area of eligibility or 
the number of days he deployed.  To grant the applicant relief 
would be contrary to the eligibility criteria established by DoD 
Manual 1348.33, Manual of Military Decorations and Awards.

The complete DPSID evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 31 Jan 2014 a copy of the Air Force evaluation was forwarded 
to the applicant 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 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.  Therefore, 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 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 this application 
in Executive Session on 6 May 2014, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-03379:

    Exhibit A.  DD Form 149, dated 5 Jul 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 14 Jan 2014.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 2014.




                                   
                                   Panel Chair








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