RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05977 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include award of the Air Force Combat Action Medal (AFCAM) and that he be issued a new DD Form 214. ________________________________________________________________ _ APPLICANT CONTENDS THAT: While deployed to Iraq during January 2005, he was involved in an event which met the criteria for award of the AFCAM. He submitted a decoration package for approval; however, his initial application was disapproved on 29 October 2009. He submitted an application package for reconsideration by USCENTAF/CC through ANGRC/CC; however, the ANGRC/CCE refused to forward the package for ANGRC/CC signature due to a fundamental misunderstanding of the facts. He attempted to clarify the matter but to no avail the package was not forwarded. He believes that the refusal to forward his package constituted an error or injustice. In support of the applicant’s appeal he submits a personal statement, email communique, AF IMT Form 3994, Recommendation for Decoration Deployment/Contingency Operations, dated 20 April 2009 and 15 December 2009, photographs and other documentation. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 11 November 2001. On 31 August 2009, the applicant was honorably discharged. He served 7 years, 9 months and 20 days on active duty and credited with 2 years, 9 months and 5 days of foreign service. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID states the applicant has not exhausted all administrative avenues for relief. The applicant submitted his request through the proper administrative avenue, Air Forces Central Command. According to the memorandum from Air Forces Central Command dated 29 October 2009, the applicant’s recommendation for the Air Force Combat Action Medal was disapproved. The applicant was afforded a one- time reconsideration so long as the applicant’s reconsideration request was placed into official channels within one year of the original disapproval date of 29 October 2009. DPSID was advised that a one-time reconsideration request was not received by their office confirming the applicant’s claim that higher headquarters in his chain of command refused to forward the reconsideration request. Air Forces Central Command also advised that as long as the original recommending official submits the applicant for reconsideration they will accept the package and it is not necessary for the Air National Guard Commander to sign the request in order for it to be considered. The applicant must resubmit the original AF IMT 3994 dated 15 December 2009 along with any additional documentation directly to Air Forces Central Command for reconsideration by emailing UDPU.Submission@afcent.af.mil. On 15 March 2007, the Secretary of the Air Force approved establishment of the Air Force Combat Action Medal to recognize any military member of the Air Force (airman basic through colonel) who actively participated in combat (ground to air). The principal eligibility criterion 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. The Air Force Combat Action Medal may be awarded for qualifying service from 11 September 2001, to a date to be determined. Retroactive awards prior to 11 September 2001 are not authorized. The DPSID complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 3 May 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has not 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. The applicant’s contentions are duly noted; 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 exhausted his administrative avenues for relief. We advise the applicant to resubmit his one-time request for reconsideration for award of the AFCAM as outlined by the office of primary responsibility. However, should after exhausting his administrative avenue of relief, the applicant feel he is still a victim of an error or injustice, the applicant may resubmit his application to the Board for consideration. 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. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2012-05977 in Executive Session on 24 October 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 December 2012, w/atchs. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, AFPC/DPSID, dated 22 April 2013. Exhibit D. Letter, SAF/MRBR, dated 3 May 2013 2013. 4 3