RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02701 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect award of the Air Force Combat Action Badge. 2. His records be corrected to reflect award of the Afghanistan Campaign Medal (ACM). 3. His records be corrected to reflect award of the Iraq Campaign Medal (ICM). 4. His records be corrected to reflect award of the Global War on Terrorism Expeditionary Medal (GWOT-E). (Already recorded on his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 26 Sep 07.) 5. His records be corrected to reflect award of the Global War on Terrorism Medal Service Medal (GWOT-S). (Already recorded on his DD Form 215.) 6. His records be corrected to reflect award of any other applicable medals and certificates based on his time of service. ________________________________________________________________ APPLICANT CONTENDS THAT: He retired before any of these medals were approved but believes he is entitled to these awards. The application provides no reason as to why the Board should find it in the interest of justice to excuse his failure to timely file. In support of his requests, the applicant provides copies of his DD Forms 214 and orders transferring him to the USAF Reserves. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s military personnel records, on 27 Jan 82, he enlisted in the Air Force Reserves (AFRES) and served until 16 Aug 83, then transferred to the Air National Guard (ANG). According to Special Order AD-4, dated 4 Oct 04, the applicant was honorably discharged from the ANG and transferred to the USAF Reserve. He was credited with 22 years, 9 months and 3 days of total service. According to his DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 26 Sep 07, the applicant’s military personnel records were corrected to reflect the Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB), GWOT-E, Air Force Overseas Ribbon – Short Tour (AFOR-ST), and GWOT-S. The ACM is authorized for direct support of Operation ENDURING FREEDOM (OEF) retroactive to 24 Oct 01 and is active until a date to be determined. A servicemember must be assigned or attached to a unit participating in OEF for 30 consecutive days or for 60 nonconsecutive days in Afghanistan or meet one of the following criteria: Be engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of the time in Afghanistan. While participating in OEF or on official duties, regardless of time, is killed, wounded or injured requiring medical evacuation from Afghanistan. While participating as a regularly assigned aircrew member flying sorties into, out of, within, or over Afghanistan in direct support of Operation Enduring Freedom; each day that one or more sorties are flown in accordance with these criteria shall count as one day towards the 30 consecutive or 60 nonconsecutive day requirement. Servicemembers who qualified for the GWOT-E by reason of service in Afghanistan between 24 Oct 01 and 30 Apr 05 shall remain qualified for that medal. However, any servicemember who wishes to do so may be awarded the ACM in lieu of the Global War on Terrorism Expeditionary Medal for that service. No servicemember shall be entitled to both the GWOT Medal and the ACM for the same act, achievement, or period of service. The ICM is awarded to members of the United States Armed Forces who served in Iraq between 19 Mar 03 and 31 Dec 11. Service members must have been permanently assigned, attached or detailed to a unit that operated within the AOE for 30 consecutive days or 60 non-consecutive days. The AOE is defined as all land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles. Under most circumstances, no personnel or unit should receive the ICM, the GWOT-E, the GWOT-S, the ACM or the Armed Forces Expeditionary Medal (AFEM) for the same deployment, action or period of service. However, should an individual be forward-deployed from a primary deployment location, the individual must provide source documentation (i.e., performance report, decoration, letter of evaluation, travel voucher, etc.) to substantiate multiple deployment locations and minimum deployment days were indeed met and confirmed by home deployment location and the individual. Entitlement to ICM does not disqualify entitlement to other DoD service or Air Force achievement awards. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial of the applicant’s request for the Combat Action Badge, ACM, or ICM. The badge can only be awarded if a narrative explanation on the AF Form 3994, Recommendation for Decoration Deployment/Contingency Operation, is submitted by a person with first-hand knowledge of the incident to the first colonel (O-6) in their operational chain of command. The combat conditions are met when: Individual(s) deliberately go outside the defended perimeter to conduct official duties – either ground or air, and come under enemy attack by lethal weapons while performing those duties and are at risk of grave danger or individual(s) are defending the base (on the defended perimeter), and come under fire and engage the enemy with direct and lethal fire, and are at risk of grave danger, also meet the intent of combat conditions for the award. Additionally, personnel in ground operations who actively engage the enemy with direct and legal fire may qualify even if no direct fire is taken – as long there was risk of grave danger and other criteria are met. The applicant does not qualify as he has not provided supporting documentation. There is no supporting documentation that shows that an AF Form 3994 was submitted and approved by the Commander of Air Force Forces (COMAFFOR). The applicant has not provided supporting documentation to show that he was deployed and participated in a “designated area” for 30 days consecutive or 60 days nonconsecutive in order to be awarded the ACM and ICM. His DD Form 214 shows that he was in an active duty mobilization status from 2 Mar 03 through 17 Mar 04 in support of Operation Noble Eagle, Enduring Freedom and Iraqi Freedom but there is no supporting documentation to show where he performed his duty during this time frame. The applicant is requesting any other applicable medals and certificates but without supporting documentation to show what acts were performed at the time of service, there is no justification to award any other medals or certificates. The complete A1PS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of his request, the applicant provides copies of certificates for award of the Air Medal and Air Medal with one oak leaf cluster, AMC Forms 41, Flight Authorization, Air Medal and Aerial Achievement Medal Mission Information – Justification Sheets, Member Mission Reports, AFTO Forms 781, Arms Aircrew/Mission Flight Data Document, and various other documents associated with his requests (Exhibit E). ________________________________________________________________ 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 to warrant award of the Air Force Combat Action Badge, ACM, and ICM. In this respect, we note the applicant provides his flight records and Air Medal to support his request for award of the Combat Action Badge; however, we do not find it sufficiently persuasive to grant the requested relief. Additionally, while the applicant may meet the criteria for the ACM and ICM, based on his previously awarded GWOT medals he is not eligible. However, if the applicant provides source documentation to substantiate he was forward deployed to multiple deployment locations and minimum deployment days were indeed met or wishes to be awarded the ACM in lieu of the GWOT Medal for his service, we would be willing to reconsider his request. As such, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. We note that the GWOT-E and GWOT-S is already recorded in his records so we find no basis to act on this portion of his request. Therefore, we find no basis to recommend granting the additional relief sought in this application. ________________________________________________________________ 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-2014-02701 in Executive Session on 17 Mar 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Jun 14, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, NGB/A1PS, dated 11 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 25 Aug 14. Exhibit E. Supporting Documents, Applicant, undated.