RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00997 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect: 1. Entitlement to the Armed Forces Expeditionary Medal (AFEM) with one Oak Leaf Cluster (OLC) [sic] instead of the Air Expeditionary Medal with one OLC. 2. Foreign Service credit for his service in Southwest Asia – Saudi Arabia November 1996 – March 1997 and Kuwait – March 1998 – July 1998. _________________________________________________________________ APPLICANT CONTENDS THAT: He is entitled to the AFEM for completion of two tours. He believes it was an administrative error by the personnel flight in recording and documenting his awards and Foreign Service. In support of his request, the applicant provides a copy of his DD Forms 214, Armed Forces of the United States Report of Transfer or Discharge and Special Order TE-0593. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s records reflect he served on active duty from 27 Sep 95 to 15 Oct 98. On 4 Aug 10, AFPC/DPAPP requested the applicant provide documentation substantiating his service in Saudi Arabia. On 22 Aug 10, in response to the request for documentation the applicant stated he had no other documentation to submit other than that already submitted. On 2 Sep 10, AFPC/DPAPP informed the applicant that his service in Saudi Arabia and Kuwait had been verified and the Foreign Service on his DD 214 was correct. On 1 Oct 10, the applicant was informed by AFPC/DPSIDRA that his entitlement to the basic AFEM had been verified and that his records will be updated administratively. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial of the applicant’s request for an additional award of the AFEM. The AFEM is awarded to members of the armed forces of the United States who after 1 July 1958 participate, or have participated as members of the U.S. military units in a military operation in which Service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. The members must encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such a position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize. The members must be engaged in direct support for 30 consecutive days in the area of operations ( or the full period if the operation is less than 30 days) or 60 nonconsecutive days provided this support involves the area of operations. While the applicant has requested an oak leaf cluster for his AFEM, not more than one medal shall be awarded to any one Service member. For each succeeding operation justifying such awards, a service star shall be awarded and worn on the suspension and service ribbon of the medal. DPSIDRA could not verify that the applicant deployed in support of an additional qualifying operation to an area of eligibility for which the AFEM is awarded. The complete HQ AFPC/DPSIDR 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 15 Oct 10 for review and comment within 30 days. 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; 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 with regard to the applicant’s request for the AFEM with one device. The applicant’s entitlement to the basic AFEM and credit for Foreign Service in Southwest Asia has been verified and his records will be administratively updated by the appropriate offices. However, he has not provided any sufficient evidence to substantiate his entitlement to an additional AFEM. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief beyond that granted administratively is not warranted. Therefore, we find no basis to favorably consider this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-00997 in Executive Session on 23 Nov 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 1 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.