RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01553
								INDEX CODE:  107.00
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 November 2008

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APPLICANT REQUESTS THAT:

He be authorized to wear, at his own expense, the Armed Forces Expeditionary Medal (AFEM) for participating in overseas military operations directly related to the attack on Libya from 12-17 April 1986.

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APPLICANT CONTENDS THAT:

While deployed to Chung Ju AB, Korea (ROK) for Operation Team Spirit, he was placed on special alert in that an attack on Libya was imminent.  As a fire protection specialist, he was assigned to a small group that was ordered by the Tent Center Base Commander to begin emergency training in combat rescue with para-rescue personnel for potential emergency rescue operations in Libya, should the conflict become more involved.
 
The day of the bombing, they were put on heightened alert with their bags packed, ready to deploy.  Later, it was his understanding that although they were deployed to Operation Team Spirit in Korea, their objective was to train for an actual military operation and redeployment to a hostile area.  Little was mentioned after that day.

It was explained that after the attack, a “medal” would be awarded for participating in combat support and placement in a position for imminent hostile action.

He just recently found out that this specific forum was available for such corrections and requests.

In support of his appeal, he has provided copies of a personal statement, dated 11 June 2007, a MAC Boarding Pass/Ticket, dated 28 March 1986, his DD Form 214, dated 25 September 1986, and an undated photo of a sign posted in front of a group of tents which stated “Welcome to Team Spirit 86, Chung Ju.”

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

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STATEMENT OF FACTS:

AFPC advises that applicant’s military record has been lost and the National Personnel Records Center has provided a limited, re-constructed military record.  His DD Form 214 indicates active service from 30 November 1982 to 25 September 1986, and the AFPC office of Assignments has verified Foreign Service to Korea from 28 March 1986 to 28 April 1986 (28 days).  The awards listed on his DD Form 214 are the Air Force Achievement Medal, Air Force Good Conduct Medal, and the Air Force Training Ribbon.  AFPC will correct his record to reflect any medals/decorations he was authorized due to his service in Korea.

IAW DoD 1348.33-M, the AFEM is awarded to members of the U.S. Armed Forces who, after 1 July 1958, participate as members of U.S. military units in a U.S. military operation in which Service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff (JCS), in significant numbers, and who encounter during such participation, foreign armed opposition, or are otherwise placed in such a position that, in the opinion of the JCS, hostile action by foreign armed forces was imminent even though it did not materialize.  The AFEM may be authorized for the following categories of operations:  U.S. military operations, U.S. operations in direct support of the U.N., or U.S. operations of assistance to friendly foreign nations.  

The “area of operations” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation, adjacent water area in which ships are operating, patrolling, or providing direct support of operations, or the air space above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to the combat forces in the area of operations by ground units, ships, and aircraft, provided it involves actually entering the designated area.  That includes ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.  

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 for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30-days duration), or for 60 nonconsecutive days provided this support involves entering the area of operations, 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 an area in support of the military operations.

The JCS designates U.S. military operations that qualify for the AFEM, specifies the degree of participation required, and defines the area of operations.  Operation ELDORADO CANYON (attacks against forces in Libya) was awarded the AFEM IAW JCS approved operations for award of the AFEM which are listed in Appendix 5 of DoD 1348.33-M and are at Attachment B.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request to add the AFEM to his DD Form 214.  After a thorough review of his limited re-constructed military record and resources available, they were unable to find documentation to substantiate his claim that he was redeployed to Libya in support of Operation EL DOROADO, and he did not provide documents to substantiate his claim.

The AFPC/DPPPR 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 27 July 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 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.  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant did not provide documentation to verify he was redeployed to Libya in support of Operation EL DOROADO, or that he was engaged in actual combat, or duty that was equally as hazardous as combat duty during the operation with armed opposition, and his limited reconstructed records do not include any TDY orders, travel vouchers, citations, or any other documents to support award of the AFEM.  If he can provide such documentation, we will reconsider his application.  However, 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-2007-01553 in Executive Session on 11 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 18 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.