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Decision Text

AF | BCMR | CY2014 | BC 2014 03047
Original file (BC 2014 03047.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03047

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect he was awarded the Global War on 
Terrorism Expeditionary Medal (GWOT-E).


APPLICANT CONTENDS THAT:

The medal was authorized two months after he separated from 
active duty.  He was on the first rotation to the combat zone 
after the 9/11 attacks.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
21 Jan 99.

On 20 Jan 03, the applicant was furnished an honorable 
discharge, and was credited with four years of active service.   

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:

AFPC/DPSID recommends denial of the GWOT-E, indicating there is 
no evidence of an error or an injustice.  While the applicant 
was deployed in support of Operation ENDURING FREEDOM, he was 
not deployed to an qualifying location for the GWOT-E.  The 
GWOT-E is awarded to recognize the significant contributions 
that members of the Armed Forces bring to bear in combating 
terrorism in all forms throughout the world for current and 
future operations and is limited to personnel deployed abroad to 
specific geographic areas of eligibility in support of Operation 
ENDURING FREEDOM (Afghanistan) or Operation IRAQI FREEDOM.  A 
qualifying deployment must have taken place after 11 Sep 11, 
been at least 30 consecutive, or 60 non-consecutive, days in 
duration.  However, a thorough review of the applicant’s record 
revealed no documentation giving a specific location or dates of 
deployment to verify he was in the area of eligibility for 30 
consecutive or 60 non-consecutive days.  The Defense Finance and 
Accounting Service verified the applicant received Hostile 
Fire/imminent Danger pay for Mauritius, from 13 Oct 01 to 21 Jan 
02.  While this deployment seems to have been in support of 
Operation ENDURING FREEDOM and was for more than 30 days, 
Mauritius is not included in the list of qualifying duty 
locations within the area of responsibility.  To grant relief 
would be contrary to the eligibility criteria established by 
DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, 
and/or the War Department.  Notwithstanding the above, the 
applicant’s eligibility for the Global War on Terrorism Service 
Medal (GWOT-S) and Air Force Expeditionary Service Ribbon with 
Gold Border (AFESR w/GB) were verified and his records will be 
corrected administratively.  

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 17 Nov 14 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 warranting 
correction of the applicant’s records to reflect his entitlement 
to the GWOT-E.  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 (OPR) and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error of injustice.  We note the Air Force OPR has 
determined the applicant’s eligibility for the GWOT-S and the 
AFESR w/GB, and will correct 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-2014-03047 in Executive Session on 22 Apr 15, under 
the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 24 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 22 Sep 14.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.

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