RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01547
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded of the Air
Force Combat Action Medal (AFCAM).
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he served with the Air Force, the AFCAM had not been
established. He would like for his records to reflect he served
in a combat zone. He should be awarded the AFCAM for his
actions in Iraq.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 9 Sep 01, the applicant enlisted in the North Carolina Air
National Guard (ANG).
On 21 Mar 04, the applicant was ordered to active duty in
support of Operation IRAQI FREEDOM. According to the remarks
section of his DD Form 214, Certificate of Release or Discharge
from Active Duty, he served at Baghdad International Airport
from 24 Mar 04 through 26 Jun 04.
On 23 Jul 04, the applicant was released from active duty and
reverted to his traditional (part-time) status as a member of
the ANG.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial indicating there is no evidence of an
error an injustice. The applicant does not meet the criteria
for award of the AFCAM. The AFCAM was established to recognize
military members of the Air Force who actively participated in
air or ground combat within a designated combat zone in combat
conditions. To qualify for the award, an individual must have
come under direct and hostile fire while operating in unsecured
space outside the defended perimeter or, if inside a defended
perimeter, served in a defensive capacity. Receiving mortars,
responding to alarm conditions, and reporting to bunkers while
inside encampments, compounds, or protected areas such as the
Baghdad International Airport, do not constitute combat action
for award of the AFCAM. While he performed various duties
related to Readiness functions (i.e., shipping Nuclear,
Biological, and Chemical (NBC) detection equipment to forward
operating locations, conducting post attack reconnaissance
sweeps following rocket attacks, and revamping the newcomer
presentation), his duties did not require him to be outside the
defended perimeter, or act as an augmentee in defending the
perimeter. He was exposed to indirect fire from rockets being
launched from outside the perimeter and was required to respond
to alarm conditions, but was not actively engaged in direct fire
in combat conditions.
A complete copy of the NGB/A1PS 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 17 Jun 13 for review and comment 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 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. We took
notice of the applicants 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
(OPR) 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.
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 issue(s)
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 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-2013-01547 in Executive Session on 23 Jan 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 13 w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, NGB/A1PS, dated 31 May 13.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 13.
Panel Chair
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