RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05171
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the following awards:
1. The Iraq Campaign Medal (ICM) for his participation in Operation IRAQI FREEDOM (OIF).
2. The Air Force Commendation Medal (AFCM). (Administratively corrected)
APPLICANT CONTENDS THAT:
He served in OIF, which qualified him for the ICM.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 28 Apr 99.
On 27 Jan 07, the applicant was furnished an honorable discharge, and was credited with seven years and nine months of total active service, to include five years, eight months, and eight days of foreign service.
On 12 Jan 14, AFPC/DPSIDR directed the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to add the Global War on Terrorism Expeditionary Medal (GWOT-E), and to change Air Force Commendation Medal to read Air Force Commendation Medal with one Bronze Oak Leaf Cluster (AFCM w/1BOLC).
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibits C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The ICM is awarded to members of the United States Armed Forces who served in Iraq between 19 Mar 03 and 31 Dec 11. Service members authorized the ICM must have served in direct support of OIF or Operation NEW DAWN. Service members must have been permanently assigned, attached, or detailed to a unit which operated within the area of eligibility for 30 consecutive days or for 60 non-consecutive days or who meet one of the following criteria: was engaged in armed combat, regardless of the time in the area of eligibility, or while participating in an operation or official duties was killed, wounded, or injured and required medical evacuation from the area of eligibility, regardless of time in the area of eligibility. The area of eligibility is defined as all land area of the country of Iraq, the contiguous water out to 12 nautical miles, and all air space above the land area of Iraq and above the contiguous water area out to 12 nautical miles. A review of the applicants official military record verified he was awarded the AFCM w/1BOLC. However, there is no official documentation in the applicants record to verify he was in the area of eligibility for award of the ICM. While the applicant deployed to Qatar in support of OIF, Qatar is not in the area of eligibility. However, Qatar is in the area of eligibility for award of the GWOT-E. The applicants records have been corrected to add the AFCM w/1BOLC and the GWOT-E. Recommend denial of the applicants request for the ICM.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 2 Jun 14 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 an error or injustice with respect to the applicants request for the ICM. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSID and adopt its rationale as the basis for our conclusion the evidence presented is not sufficient to conclude that additional relief beyond that rendered administratively is warranted. We note that AFPC/DPSID has determined the applicants records should be administratively corrected to reflect he is entitled to the Air Force Commendation Medal (AFCM), first oak leaf cluster, and the Global War on Terrorism Expeditionary Medal (GWOT-E) and has corrected his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively.
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 newly discovered relevant evidence not considered with this application.
The following members of the Board considered AFBCMR Docket Number BC-2013-05171 in Executive Session on 14 Oct 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, undated.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 14.
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