RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04365

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:

	1) Army Commendation Medal (ARCOM) (administratively corrected), and

	2) Air Force Combat Action Medal (AFCAM).

APPLICANT CONTENDS THAT:

He is qualified to receive the AFCAM.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 02 Jun 07, the applicant was furnished an honorable discharge and was credited with 3 years, 7 months, and 26 days of active service.

Per AF Form 910, Enlisted Performance Report (AB thru TSGT), closing date 06 Feb 06, he was deployed to Bagram AB, Afghanistan in support of Operation Enduring Freedom.

Per AF Form 910, Enlisted Performance Report (AB thru TSGT), closing date 06 Feb 05, he was assigned to Bagram AB, Afghanistan in support of Operation Enduring Freedom.

Per AF Form 77, Letter of Evaluation, provided by the applicant, he was involved in 50 plus combat missions, as the lead vehicle driver, that included assisting a vehicle that took an anti-armor grenade, wounding three.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  On 15 Mar 07, the Secretary of the Air Force approved establishment of the Air Force Combat Action Medal to recognize any military member of the Air Force (Airman Basic through Colonel) who actively participated in combat (ground or air).  The principal eligibility criterion is that 1) the individual must have been under direct and hostile fire while operating in unsecured space (outside the defended perimeter); and 2) they come under enemy attach by lethal weapons while performing those duties; and 3) are at risk of grave danger.  Or 1) Individuals defending the base (on the defended perimeter; and 2) come under fire and engage the enemy with direct and lethal fire; and 3) are at risk of grave danger, also meet the intent of combat conditions for this award.  The Air Force Combat Action Medal may be awarded for qualifying service from 11 Sep 01, to a future date to be determined.  Retroactive awards prior to 11 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.  According to Air Force Central Command email dated 31 May 17, the applicant’s Air Force Combat Action Medal package was incomplete.  AFPC/DP3SP recommends the applicant provide a detailed narrative of the event in question and the narrative must contain details on how the member was in grave danger (e.g. enemy action, fragmentation zone, type of enemy fire, blast radius, mounted/dismounted, proximity to weapons fire, where rounds impacted damage to surrounding area, etc.).  In a ground event, state size of team, patrol or convoy, where the member was located in the team, patrol or convey, (e.g. vehicle 3 of 29) and what the member’s duties were.  Additional supporting documentation:  Contingency Exercise Deployment (CED) orders, travel vouchers, decorations or letters or evaluation; and sketches, maps, diagrams, and photographs which support the award, may be submitted with the narrative.  

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 06 Oct 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04365 in Executive Session on13 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 19 Jun 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 06 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.