RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03946
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The Air Force Expeditionary Medal (AFEM) be added to his DD Form
214, Certificate of Release or Discharge from Active Duty, along
with any other decorations, medals, badges and citations his
unit may have been awarded.
APPLICANT CONTENDS THAT:
He was awarded the AFEM but it was never added to his DD Form
214. He provides copies of SPECIAL ORDER TR-0400 for OPERATION
SOUTHERN WATCH in support of his application.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 26 May 99, the applicant entered the Regular Air Force.
On 7 Feb 01, his commander notified him he was recommending he
be discharged for a pattern of misconduct prejudicial to good
order and discipline per AFPD 36-32, Military Retirements and
Separations, and AFI 36-3208, Administrative Separation of
Airmen, paragraph 5.50.2.
On 14 Feb 01, his commander recommended he be given a general
discharge. The commander noted the Article 15, Letters of
Counseling and an Unfavorable Information File.
On 20 Feb 01, the Staff Judge Advocate found the discharge
legally sufficient and recommended a general discharge without
probation or rehabilitation.
On 26 Feb 01, the applicant received a general discharge with a
narrative reason for separation as misconduct. He was credited
with 1 year and 9 months of active service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends disapproval for award of the AFEM.
Although the applicant served in Saudi Arabia in support of
Operation SOUTHERN WATCH, he received two LORs, a Memorandum for
Record, two Records of Individual Counseling and a UIF;
therefore, he does not meet the criteria of honorable service
and is ineligible for award of the AFEM. DPSID was unable to
verify eligibility for any additional awards for his active duty
service.
The AFEM is awarded to members of the United States Armed Forces
who after 1 Jul 58, participated in United States Military
operations, United States operations in direct support of the
United Nations, or United States operations of assistance for
friendly foreign nations. Service members must be bona fide
members of a unit engaged in the operation or meet one or more
of the following criteria: be engaged in direct support of the
operation for 30 consecutive days in the area of operations (or
for the full period when an operation is less than 30 days
duration) or 60 nonconsecutive days provided the support
involved entering the area of eligibility, be engaged in actual
combat, or duty that is equally as hazardous as combat duty,
during the operation with armed opposition, regardless of time
in the area, or participate as a regularly assigned crew member
of an aircraft flying into, out of, within, or over the area in
support of the military operations. The military service of the
service member on whom qualification for the award of the AFEM
is based shall have been honorable.
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 6 Mar 15 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
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
While we acknowledged the applicants request for the Air Force
Expeditionary Medal, we do not believe he has demonstrated
evidence of an injustice, as compared to others in his similar
situation. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03946 was considered:
Exhibit A. DD Form 149, dated 19 Sep 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 2 Feb 15.
Exhibit D. Letter, SAF/MRBR, dated 6 Mar 15.
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