RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01547 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded of the Air Force Combat Action Medal (AFCAM). ________________________________________________________________ APPLICANT CONTENDS THAT: At the time he served with the Air Force, the AFCAM had not been established. He would like for his records to reflect he served in a combat zone. He should be awarded the AFCAM for his actions in Iraq. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 9 Sep 01, the applicant enlisted in the North Carolina Air National Guard (ANG). On 21 Mar 04, the applicant was ordered to active duty in support of Operation IRAQI FREEDOM. According to the remarks section of his DD Form 214, Certificate of Release or Discharge from Active Duty, he served at Baghdad International Airport from 24 Mar 04 through 26 Jun 04. On 23 Jul 04, the applicant was released from active duty and reverted to his traditional (part-time) status as a member of the ANG. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial indicating there is no evidence of an error an injustice. The applicant does not meet the criteria for award of the AFCAM. The AFCAM was established to recognize military members of the Air Force who actively participated in air or ground combat within a designated combat zone in combat conditions. To qualify for the award, an individual must have come under direct and hostile fire while operating in unsecured space outside the defended perimeter or, if inside a defended perimeter, served in a defensive capacity. Receiving mortars, responding to alarm conditions, and reporting to bunkers while inside encampments, compounds, or protected areas such as the Baghdad International Airport, do not constitute combat action for award of the AFCAM. While he performed various duties related to Readiness functions (i.e., shipping Nuclear, Biological, and Chemical (NBC) detection equipment to forward operating locations, conducting post attack reconnaissance sweeps following rocket attacks, and revamping the newcomer presentation), his duties did not require him to be outside the defended perimeter, or act as an augmentee in defending the perimeter. He was exposed to indirect fire from rockets being launched from outside the perimeter and was required to respond to alarm conditions, but was not actively engaged in direct fire in combat conditions. A complete copy of the NGB/A1PS 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 17 Jun 13 for review and comment 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 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. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 issue(s) 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 material 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-2013-01547 in Executive Session on 23 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Mar 13 w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, NGB/A1PS, dated 31 May 13. Exhibit D. Letter, SAF/MRBR, dated 17 Jun 13.