RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01098
		INDEX CODE:  110.00
	XXXXXXXXXX	COUNSEL:  NONE

	XXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from the Armed Forces, be corrected to reflect the Armed Forces Expeditionary Medal (AFEM) and the Air Force Achievement Medal (AFAM).

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THE APPLICANT CONTENDS THAT:

He received the AFEM and AFAM in support of Southern Operation Watch.  

In support of his appeal, applicant submits a copy of his DD Form 214; a copy of the Recommendation for Decoration; AF Form 77, Supplemental Evaluation Sheet; and a copy of his temporary duty orders.  Applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 17 April 1997, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 6 years.  He received four Enlisted Performance Reports (EPR) closing 16 December 1997, 16 December 1998, 5 September 1999 and 5 September 2000, in which the overall ratings were 5, 4, 5, and 4* respectively (highest rating a 5).  * Denotes referral EPR.  The EPR closing 16 December 1997, indicates that the applicant voluntarily deployed to Saudi Arabia.    

The applicant was discharged on 22 March 2001 with a General (Under Honorable Conditions) discharge for “Misconduct” with an RE code of 2B.  He had served 4 years, 11 months and 6 days on active duty.

On 29 Jul 04, during a records review, Headquarters Air Force Personnel Center identified an error in Item 13, Decorations, Medals, Badges, Commenation, Citations and Campaign Ribbons Awarded or Authorized, and issued the applicant a DD Form 215, Correction to DD Form 214, reflecting the award of the Armed Forces Expeditionary Medal. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant’s request for the AFAM be denied.  DPPPR states the applicant’s recommendation for decoration only proves he was recommended for the award not that it was ever approved.  DPPPR states the applicant was asked to provide a copy of the special order awarding the decoration.  The applicant did not respond.  However, AFPC/DPPPR was able to verify the applicant’s entitlement to the AFEM and corrected his DD Form 214 to reflect the AFEM.  The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 6 August 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a 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 error or injustice.  Applicant’s DD Form 214 has been corrected to reflect award of the Armed Forces Expeditionary Medal (AFEM); therefore, the only request before this Board concerns the AFAM.  After reviewing the evidence of record, we are not persuaded that he is entitled to the award.  While he may have been recommended for the AFAM, the record does not show the award recommendation was approved bythe appropriate authorities.  Absent such evidence, we agree with the recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered an error or an injustice.  Therefore, we find no basis to recommend granting him the AFAM.

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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 04-01098 in Executive Session on 15 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.