RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04662 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Armed Forces Expeditionary Medal (AFEM) due to his participation in Operation JOINT FORGE from 28 Aug 1998 to 23 Dec 1998. ________________________________________________________________ APPLICANT CONTENDS THAT: He cannot qualify for Veterans’ preference without being awarded the AFEM. In support of his request, the applicant provides copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty; Special Order TE-0778; NATO Order, TE-0778, and OPM Vet Guide, Appendix A. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force as a Fire Protection Journeyman, from 22 Nov 1995 to 21 Nov 1999. His TDY orders reflect that he was TDY in support of operations JOINT FORGE at San Vito, Italy from 28 Aug 1998 to 23 Dec 1998. He was credited with four years of active duty service, including four months, and one day of Foreign Service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request for entitlement to the AFEM. DPAPP states a review of his Master Personnel Records (MPR) and documentation submitted failed to reveal any documents that substantiate foreign service time in support of Operation JOINT FORGE. The complete DPAPP evaluation is at Exhibit C. AFPC/DPSIDR recommends denial of the applicant's request for entitlement for award of the AFEM. DPSIDR was able to verify the applicant's entitlement to the NATO Medal, currently annotated on his DD Form 214, while temporarily assigned to San Vito Air Station, Italy, in support of Operation JOINT FORGE. No additional awards in support of Operation JOINT FORGE were verified. His MPR has been updated accordingly. The AFEM is given to members of the U.S. Armed Forces who, after 1 Jul 1958, participated in U.S. Military operations, U.S. operations in direct support of the United Nations (UN), or U.S. operations of assistance for friendly foreign nations. Service members must have been permanently assigned, attached, or detailed to a unit that participated in or engaged in direct support of the operation for 30 consecutive days in a designated area of eligibility (AOE) in a foreign territory (or for the full period when an operation is less than 30 days in duration) or for 60 non-consecutive days provided the support involved entering the AOE. Those time limitations may be waived for people participating in actual combat operations. The AOE for entitlement to the AFEM during Operation JOINT FORGE is the total land or air space of Bosnia-Herzegovina, Croatia, or the Adriatic Sea. Although he was overseas in Italy during the appropriate time frame for entitlement to the AFEM for Operation JOINT FORGE, his military personnel records and provided documentation are devoid of evidence to support claim of his presence in the designated AOE, thereby rendering the applicant ineligible for the AFEM. His military financial records were reviewed by the Defense Finance and Accounting Service (DFAS), and there were no reports of Overseas Cost of Living Allowance, Hostile Fire/Imminent Danger Pay, or Combat Zone Tax Exclusion for the period between Aug 1998 and Dec 1998, which demonstrates the unlikelihood the applicant was in the AOE. The complete DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant responded stating he does not believe the denial is justified. He did serve directly on the coast of the Adriatic Sea. He was an Air Force firefighter and responded to several in-flight emergencies on battle damaged air craft returning from Bosnian missions. While it is true he was stationed at San Vito during his off shifts, his fire department (duty location) was directly on the coast of the Adriatic Sea at Brindisi Airport, Italy. His orders clearly stated that he was a member of Operation JOINT FORGE and his actions while on duty were in clear support of the Operation JOINT FORGE mission. He recognizes that he was never in Bosnia but he was in just as much danger of an aircraft catastrophe as the pilots themselves when they returned to the airfield with damaged aircraft. He implores the Board to take into account his actions in support of this operation, not just the geographical location of San Vito. The applicant’s complete response, with attachment, is at Exhibit F. ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded that corrective action is warranted. In this respect we note that DoDM 1348.33-V2, Manual of Military Decorations and Awards: DoD Service Awards– Campaign, Expeditionary, and Service Medals, states service members who were deployed to Bosnia Herzegovina or Croatia, or aboard U.S. naval vessels operating in the Adriatic Sea, or operating in the air space above these respective areas may be eligible for the AFEM. While the applicant states he served directly on the coast of the Adriatic Sea, he has not presented evidence which reveals he was assigned in a designated area of eligibility (AOE) for award of the AFEM. Therefore, the applicant has not met the established criteria for award of the AFEM. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in 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 BC-2011- 04662 in Executive Session on 12 and 18 Jun 2012, under the provisions of AFI 36-2603: The Board voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2011- 04662: Exhibit A. DD Form 149, dated 12 May 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 10 Jan 2012. Exhibit D. Letter, AFPC/DPSIDR, dated 26 Jan 2012. Exhibit E. Letter, SAF/MRBR, dated 10 Feb 2012. Exhibit F. Rebuttal, Applicant, dated 16 Feb 2012, w/atch.