RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00699

	 	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Armed Forces Expeditionary Medal (AFEM).

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THE APPLICANT CONTENDS THAT:

He is entitled to the AFEM because he served with the Eighth Air Force in Libya and supported the Congo crisis from August 1960 to May 1962.

The applicant states that Item 24, Statement of Service, of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 8 November 1963 discharge, indicates that he had 1 year, 9 months, and 9 days of foreign and sea service.

In support of the appeal, the applicant submits a copy of his DD Form 214.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 23 February 1960 and was progressively promoted to the grade of Airman Third Class.

From 23 February 1960 to 4 May 1962, he was assigned to the Headquarters ----d Air Base Wing, at Wheelus AB, Libya, as a fuel specialist.

On 8 August 1961, the commander notified him of his intent to impose nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for operating a vehicle in the city of Tripoli, Libya, without having a valid driver’s license in his possession.  He waived his right to a trial by court-martial and did not submit matters in mitigation or defense.  On 18 August 1961, the commander determined he did commit the alleged offense and imposed punishment consisting of reduction to the grade of airman basic.  He did not appeal the punishment.

On 23 April 1962, he was charged with violating Article 134, of the UCMJ, by being disorderly in a public place on 15 April 1962, and was referred to trial by Summary Court-Martial.  During the Summary Court-Martial on 25 April 1962, he pled not guilty to the charge and was found guilty.  He was sentenced to confinement at hard labor for a period of 15 days, reduction to the grade of airman basic, and forfeiture of $30.00.

He was released from active duty on 8 November 1963 and transferred to the Air Force Reserve (AFRes).  He was honorably discharged from the AFRes on 22 February 1966.

On 10 June 2003, his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, was administratively corrected to include the National Defense Service Medal.

Provided they meet other eligibility criteria, members of the armed forces that participated in U.S. operations in direct support of the United Nations in the Congo from 14 July 1960 to 1 September 1962, and in U.S. military operations in the Congo from 23 to 27 November 1965, are eligible for the Armed Forces Expeditionary Medal (AFEM).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the applicant did not provide any documentation to substantiate his request.  He spent his overseas tour in Libya and was not deployed to the Congo during the period 14 July 1960 through 1 September 1962 in support of OPERATION NEW TAPE.  Even if he had been deployed to the Congo, he would not be eligible for the AFEM because his tour in Libya was not honorable, as evidenced by the Article 15 and Summary Court-Martial actions while overseas.

The AFPC/DPPPR evaluation, with attachment, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 16 June 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  After reviewing the evidence of record, we find no evidence that the applicant was deployed to the Congo during the period required to be eligible for the AFEM.  In the absence of evidence showing that he served in the Congo, we believe that the applicant has failed to sustain his burden that he has been the victim of an error or injustice.  Therefore, we find no compelling basis to recommend favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2003-0699 in Executive Session on 17 September 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 5 Jun 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jun 03.

                                   
                                   Panel Chair