RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02167 INDEX CODE: 107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Iraq Campaign Medal with one bronze star for service during the Liberation of Iraq from 19 March 2003 to 1 May 2003.

APPLICANT CONTENDS THAT:
He believes the medal was created and authorized by President through executive order 13363 on 28 May 2004 and was retroactive to 19 March 2003.

In support of his request, he provides a copy of a special order and a copy of a citation for the award of joint service achievement medal.

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 March 1984. He was progressively promoted to the grade of master sergeant (E-7), having assumed that grade effective and with a date of rank of 1 January 2001.  On 30 April 2004, he retired after
serving 20 years and 2 months.

AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states they find no evidence the applicant was TDY or assigned to Iraq.

The complete DPAPP evaluation is at Exhibit C.
AFPC/DPSIDR recommends denial. DPSIDR states the applicant did not deploy to Iraq while on active duty; the Defense Finance and Accounting Service (DFAS) verified he did not deploy.

The complete DPSIDR evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 1 June 2009 for review and comment within 30 days. As of this date, this office has received no response.

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.	After	a	
thorough review of the evidence of record and finding no evidence the applicant served in Iraq, we find no compelling basis to recommend granting the relief sought. If the applicant were to provide evidence showing that he was deployed and served in Iraq and the contiguous water area out to 12 nautical miles, and all air spaces above the land and above the contiguous water area out to 12 nautical miles of Iraq, we would be willing to reconsider his appeal. Absent such evidence, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in this application.

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.

The following members of the Board considered AFBCMR Docket Number BC-2008-02167 in Executive Session on 25 June 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 3 June 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPAPP, dated 19 April 2009. Exhibit D.	Letter, AFPC/DPSIDR, dated 11 May 2009 Exhibit E.	Letter, SAF/MRBR, dated 1 June 2009.