RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05357
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Air Force Combat Action Medal (AFCAM) and his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect such.
APPLICANT CONTENDS THAT:
At the time of his deployment during the period 5 Jun 04 to 23 Aug 04 in support of Operation Iraq Freedom (OIF), where he actively participated in ground combat, the AFCAM was not in existence. It was not available until 2007, after his separation from the Air Force Reserve. He is aware this medal can be awarded for qualifying service since Sep 01.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant was on active duty 2 Jun 04 through 29 Aug 04, serving in the grade of technical sergeant (E-6).
On 9 Jun 05, the applicant was rendered the Air Force Commendation Medal (AFCM) for outstanding achievement 5 Jun 04 through 23 Aug 04 for an act of courage while deployed to OIF, where his service detail came under attack from direct automatic weapons fire and thrown grenades.
On 8 Jan 07, the applicant was honorably discharged from the Air Force Reserve.
On 9 April 2007, AFPC/DPPP released implementation guidance for the AFCAM, which was approved by SECAF to recognize members of the Air Force (Airman Basic through Colonel) who actively participated in ground or air combat. While paragraph 7 of Part V of the message indicated that requests for the AFCAM dating back to 11 Sep 01 must be submitted within two years of the date of the message, paragraph 6 indicates that those who had been discharged as of the date of the message should seek relief through the Air Force Board for Correction of Military Records (AFBCMR).
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. The applicant provides supporting documents attesting to the fact that he was under direct and hostile fire while deployed to Iraq in 2004. However, in accordance with Headquarters Air Force Personnel Center message, dated 9 Apr 07, part V, paragraph 7, the applicant did not meet the submission deadline (within two years of the date of the implementation message) to qualify for award of the AFCAM.
A complete copy of the ARPC/DPTS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant acknowledges the OPRs advisory confirming that he met the criteria for award of the AFCAM, and that their recommended denial of this award due to his failure to meet the submission deadline. He reiterates that he had separated from the Air Force Reserve before the AFCAM was established; therefore, there was no way he could have known about or complied with the two-year deadline. Once he became aware, he submitted his request dated 20 Dec 13.
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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicants complete submission, we believe the applicant is the victim of an injustice. While we note the comments of ARPC/DPTS indicating that relief should be denied because the applicant did not meet the two-year submission deadline prescribed in Headquarters Air Force Personnel Center message, dated 9 Apr 07, part V, paragraph 7, we are not convinced that this is a sufficient basis to deny relief. In this respect, we note that the two-year requirement was for qualifying events that took place between Sep 01 and the date of the release of the message (9 Apr 07). However, by that date, the applicant had already been discharged and, in view of the fact that part V, paragraph 6 of the same implementation message indicates that those discharged should seek relief through this Board, we are not convinced the two-year time limit applies to the applicant. Therefore, in view of the fact that the applicant participated in a qualifying event, which is described in the citation of the Air Force Commendation Medal (AFCM) he has provided, we believe corrective action is warranted. Therefore, we recommend the applicants records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Air Force Combat Action Medal (AFCAM).
The following members of the Board considered AFBCMR Docket Number BC-2013-05357 in Executive Session on 13 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTS, dated 29 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14.
Exhibit E. Applicants Letter, dated 6 Aug 14, w/atch.
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