RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00191 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Afghanistan Campaign Medal (ACM) – administratively corrected. 2. He be awarded the Air Force Combat Action Medal (AFCAM). ___________________________________________________________________ APPLICANT CONTENDS THAT: He earned the ACM and AFCAM; however, he was not awarded the medals. His multiple deployments, combat sorties flown, and the lives he saved in Afghanistan merit these awards. In support of his request, applicant provides a copy of the award criteria, a copy of his Air Medal citations, and a copy of his special orders. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 30 Nov 06 in the grade of major (0-4). AFPC/DPSIDR sent a letter to the applicant notifying him that they administratively corrected his entitlement to the ACM. However, the AFCAM was forwarded to United States Central Command for a decision. AFCAM Criteria: Individual must be flying as authorized aircrew members on aeronautical orders in direct support of a combat zone and in combat as defined in combat conditions. Combat must take place in a combat zone defined as a geographic area designated by the president via executive order or a qualified hazardous duty area in which a member is receiving Imminent Danger Pay or Hostile Fire Pay. Individual must be physically present, at risk of grave danger and performing satisfactorily in accordance with the prescribed rules of engagement. Individual must be performing assigned duties. Traveling passengers, including aircrew manifested as passengers, on an aircraft are not eligible based solely on their presence if the aircraft were to come under fire. The AFCAM may be awarded for qualifying service from Sept. 11, 2001 to a date to be determined. Retroactive awards prior to Sept. 11, 2001 are not authorized. There is no minimum time-in-theater requirement to qualify for the AFCAM. Only one AFCAM may be awarded during a qualifying period. Subsequent qualifying periods will be determined by the Secretary of the Air Force. Only one award per operation is authorized. Operations Iraqi Freedom and Enduring Freedom are considered one operation. Subsequent operations will be approved by the Air Force Chief of Staff and will be indicated by the use of a gold star on the ribbon and medal. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the AFCAM. DPSIDR states that on 13 May 10 the USAFCENT/CC disapproved the recommended decoration of the AFCAM and cited the governing regulations regarding a one-time request for reconsideration of the original award recommendation. Based on the decision rendered by the USAFCENT/CC, DPSIDR cannot support the applicant’s request. The DPSIDR complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jun 10 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 an error or injustice. After a thorough review of the available evidence and the applicant's complete submission, we find no evidence that his records should be corrected to show he was awarded the AFCAM. We took note that the Commander, USAFCENT previously considered his award of the AFCAM for his deployment to Afghanistan and disapproved the request because it did not meet the criteria. It is our opinion that the Commander, USAFCENT, who is authorized to make decisions in these matters is in the best position to make this determination. Evidence has not been provided which would lead us to believe that his decision was erroneous or unjust. As such, 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 relief beyond that already granted administratively is not warranted. In the absence of evidence to the contrary, we find no basis 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-2010-00191 in Executive Session on 20 Jul 10, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 28 May 10. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10. Panel Chair