RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01632

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His general (under honorable conditions) discharge be upgraded to honorable.

2.  He be awarded the Kosovo Campaign Medal (KCM).

APPLICANT CONTENDS THAT:

The Department of Veterans Affairs (DVA) provided him with the eligibility dates and locations for the KCM but he does not have official documentation.   He was deployed to Turkey in 1999 for the Kosovo Campaign but was not awarded any medal or citation.

The applicant makes no contentions regarding his request for an honorable discharge.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 22 Jan 97, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1, AB).

On 6 Jan 00, the applicant’s commander notified him that he was recommending his discharge from the Air Force for a pattern of misconduct, conduct prejudicial to good order and discipline.  The specific reasons for the action were that:

a.  On 9 Jan 98, the applicant received a Letter of Reprimand (LOR) for failing to pay just debts.  The LOR was used to establish an Unfavorable Information File (UIF) and he was placed on the control roster.

	b.  On 17 Jan 98, the applicant parked in a “no parking” area, for which he received a traffic ticket.
	c.  On 3 Feb 98, the applicant failed to pay a just debt, for which he received a traffic ticket.  

	d.  On 20 Apr 98, for the fourth time, the applicant failed to report to his place of duty at the prescribed time and was not in the proper uniform, for which he received a LOR and it was placed in his existing UIF.

	e.  On 7 May 98, for the second time, the applicant failed to report on time for a mandatory Physical Training (PT) formation, for which he received a LOR. 

	f.  On 16 Jun 98, the applicant failed to report to his place of duty, for which he received a LOR.

	g.  On or about 16 Jun 98, the applicant failed to report to his place of duty at the prescribed time, for which he received nonjudicial punishment consisting of reduction to grade of airman basic (E-1) and 15 days extra duty.

On 6 Jan 00, the applicant acknowledged receipt of the action, and on 11 Jan 00, he consulted counsel and waived his right to submit statements in his behalf.

On 13 Jan 00, the case was found to be legally sufficient and on the 21 Jan 00, the discharge authority approved the commander’s recommendation, directing the applicant be discharged with a general discharge.

On 21 Jan 00, the applicant received a general, (under honorable conditions) discharge with a reason for separation of Misconduct.  He was credited with three years of total active service.

On 14 May 15, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit D.    

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for award of the KCM indicating they were unable to locate official documentation verifying the applicant was in the area of eligibility for 30 consecutive days or 60 nonconsecutive days in direct support of Kosovo operations.  

The KCM was established to recognize military service performed in Kosovo from 24 Mar 99 to a future date to be determined.  Individuals authorized the KCM must have participated in or served in direct support of Kosovo operations within the Kosovo Air Campaign area of eligibility or the Kosovo Defense Campaign area of eligibility for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days in direct support of Kosovo operations.  The Kosovo Air Campaign area of eligibility is defined as the total land area and air space of Serbia (including Kosovo) Montenegro, Albania, Macedonia, Bosnia, Croatia, Hungary, Romania, Greece, Bulgaria, Italy, and Slovenia; and the waters and air space of the Adriatic and Ionian Sea north of the 39th North latitude from 24 Mar 99 to 10 Jun 99.  The Kosovo Defense Campaign area of eligibility is defined as the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic seas within 12 nautical miles of the Montenegro, Albania, and Croatia coastlines south of 42 degrees and 52 minutes North latitude from 11 Jun 99 to a date to be determined.

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Mar 16 for review and comment within 30 days (Exhibit E).  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 to warrant award of the KCM.  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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Additionally, we find no evidence of an error or injustice that occurred in the discharge processing.   Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service warrant such an action. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

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-2015-01632 in Executive Session on 12 May 16 under the provisions of AFI 36-2603:

				    , Panel Chair
				   , Member
				    , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, undated.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 14 May 15, w/atch.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 22 Sep 15.
	Exhibit E.  Letter, AFBCMR, dated 14 Mar 16.