RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01264
		INDEX CODE:  107.00
		COUNSEL:  NONE
				
		HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  28 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Air Force Combat Action Medal (AFCAM).

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APPLICANT CONTENDS THAT:

He is eligible to receive the AFCAM.  The medal was not released while he was on active duty from 1997 to 2003.

In support of his application, the applicant submits his DD 214, Bronze Star Medal with Valor (BSM/V) citation, and transmittal record.

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

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STATEMENT OF FACTS:

On 23 Nov 03, the applicant was relieved from active duty and honorably discharged in the grade of staff sergeant.  Applicant was credited with 5 years, 11 months and 28 days of active duty service to include 5 years, 5 months and 8 days of Foreign Service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states the AFCAM was established by SECAF to recognize any military member who actively participated in combat (ground or air).  The principal eligibility criteria is that the individual must have been under direct and hostile fire while operating in unsecured space (outside the defended perimeter) or physically engaging hostile forces with direct and lethal fire.  

On 15 Aug 07, USCENTAF (approving authority) disapproved the applicant's request for receipt of this award.

The complete DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Sep 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D). 

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  The applicant requests he be awarded the AFCAM for his participation in ground combat in support of Operation Enduring Freedom.  In support of his request, applicant provided a copy of the narrative used to justify award of his Bronze Star Medal with Valor.  His request was forwarded through the appropriate channels to USCENTAF for consideration and was disapproved.  We can only assume the narrative provided was the same information provided to USCENTAF for consideration.  Based on guidance set forth by the Secretary of the Air Force, the basic eligibility criterion is that the individual must have been under direct and hostile fire while operating in unsecure space (outside a defended perimeter) or physically engaging hostile forces with direct and lethal fire.  After our review of the evidence provided it appears clear to us that the events that led to his submission for the BSM satisfy the principal criteria for award of the AFCAM.  In this respect, the narrative provides statements regarding his actions during a firefight such as "...leaving the safety of the compound walls..." and "As applicant exited the compound walls, two RPG-7 rounds burst over the top of applicant's vehicle and hundreds of AK-47 and PKM rounds cracked as they passed over the vehicle.  Undeterred by incoming fire..."  No rationale was provided as to why USCENTAF disapproved his request and we are not aware of whether or not USCENTAF utilizes any additional specific criteria when considering members for this award.  Nevertheless, after reviewing the evidence provided we believe the applicant has established reasonable doubt as to whether or not the determination that his actions do not meet the criteria for the award was correct under established guidance.  Accordingly, it is our opinion that the benefit of any doubt in this matter should be resolved in his favor, and therefore, we recommend his records be corrected as indicated below. 

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that 15 August 2007, he was awarded the Air Force Combat Action Medal.

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The following members of the Board considered this application in Executive Session on 1 November 2007, under the provisions of AFI 36-2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

The following documentary evidence was considered in AFBCMR BC-2007-01264:

    Exhibit A.  DD Form 149, dated 17 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 20 Aug 07.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.

		XXXXXXXXXX
		Panel Chair