RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02980 

						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 Iraq Campaign Medal (ICM).

APPLICANT CONTENDS THAT:

He deployed to Iraq in 2003 and should have been award the ICM.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 28 Nov 00.

On 27 Nov 04, the applicant was furnished an honorable discharge, and was credited with 4 years of active service.   

On or about 23 Apr 03, according to the documentation provided by the applicant, he deployed to Iraq for 179 days as evidenced by Special Order TE-0640, dated 21 Apr 03.

On 19 Oct 16, AFPC/DP1SSP directed the applicant’s DD Form 214 be corrected to add the following Air Force Awards/Medals:

1.  Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2 BOLC).

2.  Global War on Terrorism Medal (GWOT-S).

3.  Air Force Longevity Service Award (AFLSA).

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.  Although the applicant provided Special Mission Travel Special Order TE-0640, dated 21 Apr 03, indicating he was deployed to Iraq, a paid Travel Voucher could not be located to verify the travel.  Without corroborating evidence his deployment to Iraq actually took place, it cannot be verified the applicant entered the area of responsibility for award of the ICM. The Defense Finance and Accounting Service (DFAS) verified the applicant received hazard duty/imminent danger pay from 24 Mar 03 to 31 Jul 03 for a separate location.

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 authorized the ICM must have served in direct support of Operation IRAQI FREEDOM or Operation NEW DAWN.  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 or meet one of the following criteria: 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 killed, wounded, or injured and required medical evacuation from the area of eligibility, regardless of time in the area of eligibility.  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 spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  Aircrew members accrue 1 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.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his case, the applicant provided a letter signed by an active duty Air Force Chief Master Sergeant (CMSgt), who at the time of the deployment in question was his Noncommissioned Officer in Charge (NCOIC).  In the letter, the CMSgt attested to the fact the applicant deployed to Iraq in early Apr 2003 and he remained in country for more than 30 consecutive days.

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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the evidence provided is sufficient to warrant relief.  While we note the comments of AFPC/DP3SP indicating that relief should be denied because a paid travel voucher cannot be located, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, we note special order TE-0640, indicates the applicant was deployed to Iraq with a TDY length of 179 days.  Additionally, the applicant provided a statement from a senior noncommissioned officer indicating that at the time of the deployment in question, he was the applicant’s noncommissioned officer in charge (NCOIC) and attested to the fact the applicant deployed to Iraq in early April 2003 and remained in country for more than 30 consecutive days.  Given the deployment special order and the unequivocal support from a senior NCO who was in a position to directly observe the applicant, and having no basis to question the senior NCO’s integrity, we are persuaded the applicant was deployed to IRAQ for more than 30 days.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 27 Nov 04, be corrected to reflect award of the Iraq Campaign Medal in Block 13.

The following members of the Board considered AFBCMR Docket Number BC-2016-02980 in Executive Session on 25 Apr 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02980 was considered:

	Exhibit A.  DD Form 149, dated 20 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 18 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 13 Dec 16.
	Exhibit E.  Letter, Applicant, dated 3 Mar 17.

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.