RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-00709

XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Armed Forces Expeditionary Medal (AFEM).

APPLICANT CONTENDS THAT:

He was discharged 1 Jan 97, before the Defense Authorization Act of Fiscal Year 98 was signed into law.  He was stationed at RAF Lakenheath and deployed to Aviano, Italy in support of Operation JOINT ENDEAVOR.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

Only minimal documents were received from the National Personnel Records Center (NPRC).  However, AF Form 910, Enlisted Performance Report, closing 5 Nov 95, Item VI, Indorser’s Comments, reflects “Assisted in a no-notice emergency out-shipment of over 80,000 pounds of GBU-15 components and testing equipment to Aviano AB, Italy, in support of Operation DELIBERATE FORCE over Bosnia.”

AFPC/DP3AM provided the applicant a “Boots-on-Ground” letter (Exhibit D), confirming the applicant’s service in the United Kingdom, and temporary duty to Italy; however, they were unable to determine the length of time.

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.  

The AFEM is awarded to members of the Armed Forces of the United States who, after 1 Jul 58, participated in designated US military operations, US operations in direct support of the United Nations, or US operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:  Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area in support of the military operations.  The military service of the member will have been honorable.

The AFEM is authorized for qualifying service in support of Operation JOINT ENDEAVOR for inclusive dates 21 Nov 95 to 19 Dec 96.  However, a review of the applicant’s military records does not confirm he was in the area of eligibility in support of Operation JOINT ENDEAVOR for 30 consecutive days or 60 non-consecutive days, or participated in actual combat operation for award of the AFEM.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 20 Aug 18 for comment (Exhibit E), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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:  

The applicant be informed that 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-2017-00709 in Executive Session on 2 Oct 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, dated 28 Jan 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP3SP, dated 21 Dec 17.
Exhibit D:  Boots on Ground Letter, AFPC/DP3AM, dated 6 Apr 18.
Exhibit E:  Notification of Advisory, SAF/MRBC to applicant, dated 20 Aug 18.

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