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AF | BCMR | CY2014 | BC 2014 00563
Original file (BC 2014 00563.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00563
					COUNSEL: NONE
		HEARING DESIRED: NOT INDICATED 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect the following medals:

	a.  North Atlantic Treaty Organization (NATO).

	b.  Armed Forces Expeditionary Medal (AFEM).


APPLICANT CONTENDS THAT:

In 2004, he was tasked with a short notice Temporary Duty (TDY) 
assignment to Tuzla Air Base, Bosnia-Herzegovina.  The short-
notice assignment coupled with the base closure may explain the 
error.  

His has no supporting documentation because when he was in 
Afghanistan all of his belongings that were in storage were 
auctioned off.  He is former supervisor can provide a memorandum 
if necessary.   

The Board should consider his untimely application in the interest 
of justice because New York requires an AFEM be awarded to receive 
tuition assistance.

The applicant did not provide any documentation in support of his 
request.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 24 August 2000, the applicant entered the Regular Air Force.  
He served six years and six months of total active service.  He 
was credited with six years and six days of Foreign Service.

On 14 May 2014, AFPC/DPAPP notified the applicant by letter they 
were able to confirm boots-on-ground Foreign Service time at Tuzla 
Air Base, Bosnia-Herzegovina sometime in 2003.  It was noted that 
no additional Foreign Service time would be awarded for this 
period since it was performed from another overseas location.  In 
addition, the letter stated that the amount of Foreign Service 
time reflected on the applicant’s DD Form 214 is correct and a 
correction is not needed.  


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  After a thorough review of the 
applicant’s official personnel records, DPSID was unable to verify 
award of the NATO and AFEM medals.  The applicant’s Enlisted 
Performance Report (EPR), for the period 16 April 2003 – 
16 January 2014, reflects he was deployed to Tuzla Bosnia-
Herzegovina, in support of Operation JOINT FORGE.  However, there 
is no official documentation verifying he served for 30 continuous 
days or served for 60 non-continuous days for award of the AFEM.  
In addition, there is no official documentation verifying the 
applicant served in the area of eligibility for the required 
30 days for award of the NATO medal.  To grant relief would be 
contrary ti the criteria established by DoDM 1348.33, volume 2, 
Manual of Military Decorations and Awards: DoD Service Awards – 
Campaign, Expeditionary, and Service Medals the Secretary of the 
Air Force, Chief of Staff, and /or the War Department. 

The NATO medal (Yugoslavia) is awarded for 30 days, continuous or 
accumulated within the land, at sea, or air space of the former 
Republic of Yugoslavia, and the Adriatic Sea; or 90 days, 
continuous or accumulated service in direct support within the 
territories if Italy, Hungary, Greece, and Austria during the 
inclusive period of 1 July 1992 – 12 October 1998.  

The AFEM may be awarded to members of the United States Armed 
Forces who after 1 Jul 1958, participate, or have participated, as 
members of the United States military units in a United States 
military operation in which service members of any military 
department participate, in the opinion of the Joint Chiefs of 
Staff, in significant numbers, and encounter, incident to such 
participation, foreign armed opposition, or are otherwise placed, 
or have been placed, in such position that, in the opinion of the 
Joint Chiefs of Staff, hostile action by foreign armed forces was 
imminent even though it did not materialize.  Service members must 
have been permanently assigned, attached, or detailed to a unit 
that participated in or engaged in direct support of the operation 
for 30 consecutive days in a designated area of eligibility in a 
foreign territory (or for the full period when an operation is 
less than 30 days duration) or for 60 non-consecutive days 
provided the support involved entering the area of eligibility.

The AFEM was authorized for service in the total land or airspace 
of Bosnia-Herzegovina, Croatia, or the Adriatic Sea, in direct 
support of Operation JOINT FORGE during the inclusive period of 
21 June 1998 – 2 December 2004.  

The Defense Finance and Accounting Service (DFAS) was unable to 
verify any Foreign Service in Bosnia.

The complete 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 1 August 2014, 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 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 of injustice.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.

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 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-2014-00563 in Executive Session on 9 Dec 14, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00563 was considered:

	Exhibit A.  DD Form 149, dated 4 Feb 14.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 7 Jul 14.
Exhibit D.  Letter, SAF/MRBR, dated 1 Aug 14.
					


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