RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01480
								INDEX CODE:  107.00
	XXXXXXX					COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect award of the Air Force Combat Action Medal (AFCAM).

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APPLICANT CONTENDS THAT:

He is eligible for award of the AFCAM as a result of his combat sorties over Afghanistan.

In support of his appeal, he has provided copies of the Citation to Accompany the Award of the Air Medal (Fourth Oak Leaf Cluster), and his Aerial Achievement Medal (AAM).

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

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 18 July 1983, and retired in the grade of lieutenant colonel (O-5) effective 1 August 2003.  His records indicate that during OPERATION ENDURING FREEDOM (OEF), he was awarded the Air Medal (Fourth Oak Leaf Cluster) for meritorious achievement on 14 November 2001, and the AAM for meritorious achievement for the period 16 October 2001 to 13 January 2002.  

The AFCAM was approved by the Secretary of the Air Force (SECAF) on 15 March 2007 to recognize any military member of the Air Force (airman basic through colonel) who actively participated in combat (ground or air), retroactive to 11 September 2001.  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.

Air Force Instruction 36-2803, paragraph 3.8, Special Procedures for Decorations Arising From Combat Operations, states, in part,:  “To ensure consistency for decorations arising from combat operations, the NAF and JTF/CTF Air Component Commanders shall forward, in a timely manner, all recommendations for decorations arising out of combat operations, not within their authority to approve, to the MAJCOM Commander serving as the Air Component Commander to the supported CINC….  The MAJCOM commander… will consolidate decoration recommendations submitted by the NAF or Air Force Component Commanders.  To the extent feasible, they should be evaluated only after they have been aggregated….”  For operations pertaining to OEF/OIF, 9th Air Force (9AF) was designated as HQ United States Central Command Air Forces (USCENTAF) and as the Air Component Command to the supported CINC.  Beginning in June 2002, approval/disapproval authority for all decoration nominations (below the level of the Silver Star) for OEF/OIF operations was delegated from the Secretary of the Air Force Personnel Council (SAFPC) to 9AF/USCENTAF/CC.

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AIR FORCE EVALUATION:

AFPC/DPSIDR was advised on 20 November 2007 that USCENTAF/CC had disapproved award of the AFCAM to the applicant.  They therefore recommend denial of the applicant’s request for award of the AFCAM based on the decision of USAFCENTAF/CC.  

The AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 30 November 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Evidence has been presented that the applicant’s nomination for award of the AFCAM was disapproved by USCENTAF/CC, the approval/disapproval authority for OEF/OIF operations.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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-2007-01480 in Executive Session on 17 January 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 20 Nov 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Nov 07.