RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04013

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Air Force Combat Action Medal (AFCAM).

APPLICANT CONTENDS THAT:

He served at Camp Bucca Iraq from Jun 05 – Dec 05, and Kirkuk, Iraq Aug 06 to Mar 07.  He was exposed to numerous full scale riots with detainees using sling shots to propel large rocks and metal objects.  He was hit on numerous areas of his body defending himself with less than lethal shotgun rounds, sting ball, and flash bang grenades to quell these riots.  Also, he performed security between Camp Bucca and Abu Ghraib where he was exposed to indirect Rocket Fire.  He experienced an improvised explosive device (IED) blow up approximately 50 feet from his vehicle, which resulted in medical diagnosis of traumatic brain injury (TBI).  He was exposed to indirect rocket fire on a regular basis.  

During his deployment to Camp Bucca he was awarded the Army 18 MP BDE Combat Patch, and the Army was going to award him the Army Combat Action Badge, but did not, due to negative feedback from his Air Force commander at the time.  

The AFCAM was not available during his deployments, and he was just made aware that it could be awarded retroactively by his Wounded Warrior Representative.  

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

STATEMENT OF FACTS:

The applicant initially entered the Air National Guard on 2 Dec 00.

On 20 Oct 05, the applicant received the Army Commendation Medal for his meritorious service in support of OPERATION IRAQI FREEDOM, for the period 22 Jun 05 to 16 Dec 05.

On 29 Jul 15, the applicant was placed on the Temporary Disability Retired List (TDRL), in the grade of master sergeant (E-7), with compensable percentage for physical disability of 70 percent. 

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

NGB/A1PS recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  On 15 Mar 07, the Secretary of the Air Force approved establishment of the AFCAM to recognize any military member of the Air Force (airman basic thru colonel) who actively participated in combat (ground or air).  In accordance with (IAW) AFI 36- 2803, AFGM2015-03 25 Jun 15, The Air Force Military Awards and Decorations Program, 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.  For the purposes of this award, the combat conditions are met when:

1. Individual(s) deliberately go outside the defended perimeter to conduct official duties - either ground or air, and 

2. Come under enemy attack by lethal weapons while performing those duties, and

3. Are at risk of grave danger, or 
4. Individual(s) are defending the base (on the defended perimeter), and
5. Come under fire and engage the enemy with direct and lethal fire, and
6. 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 lethal fire may qualify even if no direct fire is taken--as long as there was risk of grave danger and other criteria are met.  Central to the integrity of this combat recognition is the adherence to these combat conditions prerequisites.

The applicant provided supporting documentation that shows he served at Camp Bucca Iraq from Jun 05 – Dec 05 and Kirkuk, Iraq Aug 06 to Mar 07.  He was exposed to numerous full scale riots with detainees using sling shots to propel the large rocks and metal objects.  The applicant claims to have been hit on numerous areas of his body defending himself with less than lethal shotgun rounds and sting ball and flash bang grenades to quell these riots.  The applicant also performed security between Camp Bucca and Abu Ghraib where he was exposed to indirect Rocket Fire.  The member experienced and IED blow up approximately 50 feet from his vehicle, which these events caused medical issues which was diagnosed with TBI.  The applicant was exposed to indirect rocket fire on regular basis.  He should be considered for AFCAM as well as the Army Combat Action Badge and automatically awarded based upon meeting the established criteria for the particular service that was rendered.  The applicant has clearly demonstrated sustained and superior performance.  

A complete copy of the NGB/A1PS evaluation is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request, indicating there is no evidence of an error or injustice.  In addition to the AFCAM criteria stated above by NGB/A1PS, they provided the following award guidance: The AFCAM may be awarded for qualifying service from 11 Sep 01, to a future date to be determined.  Retroactive awards prior to 1 Sep 01 are not authorized.  Upon establishment of this medal, the Secretary of the Air Force delegated sole approval authority to the Commander, Air Force Forces in the particular combat area.  At a minimum, an award submission must include an Air Force Form 3994, Recommendation for Decoration Deployment Contingency Operations, with a narrative explanation of the circumstances, date, time location, event description, individuals present, etc. (limited to two pages), provided by an individual who witnessed or participated in the incident.  The award package is submitted to the individual's commander, who then submits to the first Colonel in the operational chain.  Both the commander and first Colonel in the operational chain may return a submission as “not supported.”  Individuals wishing to appeal must do so through the officer who did not support the initial application to the next level in the chain-of-command for further consideration.  Each request for the AFCAM will be boarded as determined by the Commander, Air Force Forces.  If approved, the AFCAM will be awarded and announced via Commander, Air Force Forces approval memo.

After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the AFCAM.  The applicant’s request was forwarded to the approval authority, United States Air Forces Central Command (USAFCENT) on 17 Jun 16 for consideration.  On 18 Jul 16, the USAFCENT disapproved award of the AFCAM.  According to their memorandum dated 21 Jul 16, “justification does not support recommended award.”  The applicant may submit for a one-time reconsideration of the original award approval authorities’ decision provided the request is submitted within one year of the awarding authorities’ decision date of 18 Jul 16. 

A complete copy of the AFPC/DP3SP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Aug 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 timely filed.  

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  While we note NGB/A1PS’s analysis that the applicant met the criteria for award of the AFCAM, warranting corrective action, after reviewing the evidence provided, we are not convinced the evidence submitted overcomes the presumption of regularity in the AFCAM approval process, where the 17 Jun 16 USAFCENT decision was to disapprove award of the AFCAM to the applicant because “justification does not support recommended award.”  Moreover, we concur with AFPC/DP3SP’s comments that the applicant should take advantage of the USAFCENT one-time reconsideration of the original award approval authorities decision, by submitting new relevant documentation not previously considered within one year from the date of the awarding authorities decision (18 Jul 16).  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04013 in Executive Session on 22 Sep 2016, and 1 Feb 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04013 was considered:

	Exhibit A.  DD Form 149, dated 17 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PS, dated 24 May 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 28 Jul 16, w/atch.
	Exhibit E.  Letter, SAF/MRBR, dated 10 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.