RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04215

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect he was awarded Operation ENDURING FREEDOM (OEF) and Operation IRAQI FREEDOM (OIF) campaign medals.  

APPLICANT CONTENDS THAT:

He requested award of the campaign medals after his retirement but his request was denied.  However, as an Airborne Mission Systems Specialist during both campaigns he flew over both Iraqi and Afghanistan airspace.  He was awarded his fifth to ninth Oak Leaf Clusters (OLCs) to his Air Medal for these missions.  

He was told he was eligible for the medals during a retiree fair.  The denied medals should have been awarded.  

In support of his requests, the applicant provides copies of his Air Medal certificates and Enlisted Performance Reports (EPRs).  

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

STATEMENT OF FACTS:

The applicant retired on 30 September 2004 in the grade of Master Sergeant (MSgt, E-7).  He was credited with 20 years, 4 months and 21 days of active duty service.  

In a letter dated 18 July 2006, AFPC/DPPPR advised the applicant his request for award of the Afghanistan Campaign Medal (ACM) and Iraq Campaign Medal (ICM) was denied.  The medals recognize service members who served or have served in the continuous land, air, or waters of Afghanistan and Iraq.  His Temporary Duty (TDY) assignments were to Oman and Bahrain and not Iraq or Afghanistan.  The applicant was advised of his entitlement for award of the Global War on Terrorism Expeditionary Medal (GWOT-E), Global War on Terrorism Service Medal (GWOT-S) and the Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB).  On 4 August 2006, the applicant was issued a DD Form 215, Correction to DD Form 214, to reflect award of the aforementioned medals.  

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 for award of the ACM and ICM.  The applicant claims he flew over the airspace of Afghanistan and Iraq during OEF and OIF; however, DP3SP was unable to substantiate he met the award criteria established for aircrew flying over the airspace of Afghanistan or Iraq for 30 consecutive days or 60 non-consecutive days or was engaged in combat during an armed engagement regardless of the time in the area of eligibility, or while participating in an operation or on official duties, was wounded or injured and required medical evacuation from the area of eligibility.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force and Chief of Staff.  

The ACM recognizes service members who serve or have served in the country of Afghanistan in support of OEF.  The area of eligibility encompasses all land and air space of the country of Afghanistan.  The ACM period of eligibility is on or after 11 September 2001 to a future date to be determined by the Secretary of Defense.  Service members must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  Aircrew members accrue one day of eligibility for each day they fly into, out of, within, or over the area of eligibility in direct support of the military operations.  

The ICM is awarded to members of the United States Armed Forces who served in Iraq between 19 March 2003 and 31 December 2011.  Service members authorized the ICM must have served in direct support of OIF or Operation NEW DAWN (OND).  Service members must have been permanently assigned, attached or detailed to a unit that operated within the area of eligibility for 30 consecutive days or for 60 non-consecutive days.  The area of eligibility is defined as all land area of the country of Iraq, the contiguous water area out to 12 nautical miles and all air space above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  Aircrew members accrue one day of eligibility for each day they fly into, out of, within or over the area of eligibility in direct support of the military operations. 

The applicant previously made a similar request and was advised in a letter dated 18 July 2006 his request for award of the ACM and ICM was denied.  At that time, the applicant’s foreign service in Oman and Bahrain was confirmed but service in Afghanistan or Iraq could not be verified.   The Defense Finance and Accounting Service (DFAS) verified the applicant’s service in Iraq from 26 February to 8 March 2001, before implementation of the award.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He provides additional evidence to substantiate his claims for award of the ACM and ICM.  He provided several documents which clearly state his participation in both operations as a combat crewmember aboard an E-3 AWACS.  He provides citations for his fourth to eight OLCs to the Air Medal for both campaigns and his claim of combat sorties as a qualifying factor.  He even provided a printout dated 13 April 2013 showing positional information for the date in Iraqi airspace.  

He deployed twice to Thumrait AB, Oman for OEF and all sorties flew in Afghanistan.  The second trip was diverted mid-way through to Prince Sultan AB (PSAB), Saudi Arabia and involved missions from Thumrait to Afghanistan and from PSAB to Iraq for Operation SOUTHERN WATCH which became OIF.  He provides a copy of the paid travel voucher for his first TDY from 26 February to 29 May 2002 and second TDY from 28 November 2002 to 28 April 2003.

He provides his fourth to eighth Air Medal citations and orders.  The citations note they were awarded for combat operations for OEF and OIF campaigns.  He provides a partial print out of his flight record report printed 2 December 2002 and 1 December 2003.  

He also provides copies of his EPRs for the period of 16 August 2001 to 15 August 2002 which includes a comment that while deployed for OEF they provided direct support in Afghanistan airspace.  He also provides a copy of his unit TDY sign out/in document for OEF and OIF which shows the aircraft’s position on 13 April 2003.  

Finally, he submits a copy of AF Form 418, Selective Reenlistment Program Consideration, which includes comment, “A proven warrior over the skies of Afghanistan and Iraq, accumulating over 34 combat sorties and 478 hours of combat support time.

A complete copy of the applicant’s submission, with attachments, is at 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 an error or injustice.  We took notice of the applicant’s complete submission, to include his rebuttal response, in judging the merits of the case; however, in our opinion, the Air Force office or primary responsibility has adequately addressed these contentions and we are in agreement with its recommendation.  While the applicant may believe he is deserving of the ACM and ICM, sufficient evidence has not been provided which would persuade us to recommend approval.  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-2015-04215 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04215 was considered:

	Exhibit A.  DD Form 149, dated 18 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 April 2016
	Exhibit D.  Letter, AFBCMR, dated 2 June 2016.
	Exhibit E.  Letter, Applicant, dated 23 June 2016.

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.