RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01359 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Air Force Combat Action Medal (AFCAM). ________________________________________________________________ _ APPLICANT CONTENDS THAT: The AFCAM was established for members of the Air Force who actively participated in combat from 11 Sep 01 to a date not yet determined. At the time of his retirement in 2005, the AFCAM was not established; however, in retrospect, his active duty service qualifies him for this medal by virtue of combat sorties he flew in Operation ENDURING FREEDOM from 18 Jan 02 to 13 Feb 02. During this period, his flight engineer aircrew duties often introduced him to combat related demands to include calculation of aircraft combat departure performance and Night Vision Goggles observer for ground-fire during high terrain air refueling. He had 15 combat sorties and 210.5 flight hours. In support of his request, the applicant provides a copy of the AFCAM Fact Sheet and excerpts from his military records. His complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 30 Sep 05 in the grade of master sergeant. On 8 Jul 13, United States Air Forces Central Command disapproved the applicant’s request to be awarded the AFCAM. AFPC/DPSOR will administratively correct the applicant’s records to reflect the following: a. Afghanistan Campaign Medal with one Bronze Service Star (AfghCM w/1BSS). b. Southwest Asia Service medal with one Bronze Service Star (SWASM w/1BSS). AFCAM Criteria: Individual must be flying as authorized aircrew members on aeronautical orders in direct support of a combat zone and in combat as defined in combat conditions. Combat must take place in a combat zone defined as a geographic area designated by the president via executive order or a qualified hazardous duty area in which a member is receiving Imminent Danger Pay or Hostile Fire Pay. Individual must be physically present, at risk of grave danger and performing satisfactorily in accordance with the prescribed rules of engagement. Individual must be performing assigned duties. Traveling passengers, including aircrew manifested as passengers, on an aircraft are not eligible based solely on their presence if the aircraft were to come under fire. The AFCAM may be awarded for qualifying service from Sept. 11, 2001 to a date to be determined. Retroactive awards prior to Sept. 11, 2001 are not authorized. There is no minimum time-in-theater requirement to qualify for the AFCAM. Only one AFCAM may be awarded during a qualifying period. Subsequent qualifying periods will be determined by the secretary of the Air Force. Only one award per operation is authorized. Operations Iraqi Freedom and Enduring Freedom are considered one operation. Subsequent operations will be approved by the Air Force Chief of Staff and will be indicated by the use of a gold star on the ribbon and medal. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial stating the applicant has not exhausted all administrative avenues for award of the AFCAM; the applicant may request a one-time reconsideration for his request for the medal. In order for the one-time reconsideration to be reasonably considered the applicant needs to provide a complete package for consideration which consists of a proposed citation, a narrative explanation of the circumstances, recommendation for decoration, and if possible eyewitness statements. Additionally, a one-time request for reconsideration of the original award recommendation must be placed in official channels within 1 year from the date of the awarding authority’s decision. The one-time reconsideration by the award authority is final. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Dec 13 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not pursued. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, relief beyond that already granted administratively is not warranted. Accordingly, the applicant’s requests are not favorably considered. ________________________________________________________________ _ 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-2013-01359 in Executive Session on 28 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for AFBCMR Docket Number BC- 2013-01359 was considered: Exhibit A. DD Form 149, dated 12 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFCENT, dated 10 Jul 13. Exhibit D. Letter, AFPC/DPSID, dated 16 Sep 13. Exhibit E. Letter, SAF/MRBR, dated 6 Dec 13. Panel Chair