RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03797

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Global War on Terrorism Expeditionary Medal (GWOT-E) Medal.

APPLICANT CONTENDS THAT:

This medal was established after he retired, however, he believes he is entitled to the GWOT-E for his deployment to Kuwait and Afghanistan for the period 23 February 2002 to 3 June 2002. 

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214 rendered for the period 12 November 2001 through 25 June 2002, he was in the area of responsibility (AOR) for Kuwait from 24 February 2002 through 21 April 2002 and 12 May 2002 through 3 June 2002.  He was in the AOR for Afghanistan from 22 April 2002 through 11 May 2002.

The applicant's AF Form 104, Service Medal Award Verification, dated 24 September 2002, reflects he received his second Air Force Expeditionary Medal (AFEM) for Operation SOUTHERN WATCH, Kuwait from 16 February 2002 through 15 June 2002.

On 16 January 2003, the applicant was relieved from his assignment and transferred to the Retired Reserve List to await retired pay at age 60 (14 January 2024).

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 C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.

DP3SP state that after reviewing the applicant's official military personnel record they were unable to verify award of the GWOT-E Medal.

The GWOT-E is awarded to recognize the significant contributions members of the Armed Forces bring to bear in combating terrorism in all forms throughout the world for current and future operations. Initial award of the Global War on Terrorism Expeditionary Medal was limited to personnel deployed abroad to specific geographic areas of eligibility in support of Operation ENDURING FREEDOM (Afghanistan) or Operation IRAQI FREEDOM. The creation of the Afghanistan Campaign Medal and the Iraq Campaign Medal changed the eligibility requirements for some personnel. Individuals authorized for the award must have been deployed abroad for service in Global War on Terrorism operations on or after 11 September 2001, and to a future date to be determined by the Secretary of Defense.  Service members must have been permanently assigned, attached, or detailed to a unit that participated in designated operations in the specified area of eligibility for 30 consecutive days or 60 non-consecutive days, or meet one of the following criteria: was engaged in actual combat against the enemy and under circumstances involving grave danger of death or serious bodily injury from enemy action, regardless of time in the area of eligibility, while participating in the designated operation, regardless of time in the area of eligibility was killed, wounded, or injured requiring medical evacuation from the area of eligibility.  Service members participating as regularly assigned aircrew members flying sorties into, out of, within, or over the area of eligibility in direct support of Global War on Terrorism Expeditionary Medal approved operations are eligible for the Global War on Terrorism Expeditionary Medal.  Each day that one or more sorties are flown in accordance with these criteria shall count as one day toward the 30 consecutive or 60 non-consecutive day requirement.

Service members are not entitled to more than one campaign or expeditionary medal for the same period of service; therefore, to award the GWOT-E Medal would be dual recognition.  The applicant was deployed from 24 February 2002 to 3 June 2002 and was awarded the AFEM for that timeframe.  He is ineligible to receive both the AFEM and the GWOT-E Medal for the same deployment; therefore, he is ineligible for award of the GWOT-E Medal.   

A complete copy of the AFPC/DP3SP 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 5 April 2016, 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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case.  The applicant is requesting award of the GWOT-E for his for his participation in support of the Global War on Terrorism.  However, we are not persuaded by the evidence provided that he was entitled to the GWOT-E.  The applicant’s records reflect he has received recognition for his deployment in support of the Global War on Terrorism by award of the AFEM.  Thus, awarding the applicant the GWOT-E would violate the Department of Defense’s (DOD) policy on dual recognition.  Therefore, 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 requested relief.

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-2015-03797 in Executive Session on 26 July 2016, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03797 was considered:

	Exhibit A.  DD Form 149, dated 31 Aug 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 16.