RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01525

XXXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 30 Sep 00, be amended to reflect the following:

	a. Kosovo Campaign Medal (KCM).

	b. Armed Forces Expeditionary Medal (AFEM) (Will be administratively corrected).

APPLICANT’S CONTENTIONS

The medals should have been included on his DD Form 214.  In support of his request, he provides documentation indicating he served in Turkey in support of Operation ALLIED FORCE. In addition, he provided an AFEM certificate for service in Saudi Arabia in support if Operation SOUTHERN WATCH.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).

On 3 Sep 80, according to the DD Form 214, the applicant entered the Regular Air Force and on 30 Sep 00, he was released from active duty for the purpose of retirement. He was credited with 7 years and 5 days of Foreign Service.

On 6 May 20, the Air Force Personnel Center (AFPC) Recognition Team informed the applicant they were able to verify his eligibility for the AFEM; however, they were unable to verify award of the KCM.  They invited the applicant to provide source documents placing him in the area of responsibility and informed him he should send evidence to AFPC within 30 days of the date of their letter. After 30 days, the case would be referred to the Board.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Instruction 36-2803, Awards and Decorations Program.  The KCM was established by Executive Order 13154 on 3 May 00, and is awarded to recognize the accomplishments of military service members participating in or in direct support of Kosovo operations.  The areas of eligibility (AOE) include: the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, Bosnia, Croatia, Hungary, Romania, Greece, Bulgaria, Italy and Slovenia; and the waters and air space of the Adriatic and Ionian Seas north of the 39th N Latitude from 24 Mar 99 to 10 Jun 99, or the total land area and air space of Serbia (including Kosovo), Montenegro, Albania, Macedonia, and the waters and air space of the Adriatic Seas within 12 nautical miles of the Montenegro, Albania, and Croatia Coastlines south of 42 degrees and 52 minutes North latitude. 

To be eligible, a service member must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the AOE or for 60 nonconsecutive days provided this support involves entering the operations AOE or meets one or more of the following criteria: be engaged in actual combat, or duty that is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the AOE; while participating in the operation, regardless of time, is wounded or injured and requires medical evacuation from the AOE; while participating as regularly assigned aircrew member flying sorties into, out of, within, or over the AOE in direct support of the military operations. 

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the KCM.  After a thorough review of the applicant’s military personnel records and provided documentation, they were unable to verify award of the KCM.  On 6 May 20, correspondence was sent to the applicant requesting additional documentation to possibly administratively correct the record; however, a response was not received. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806 [or previous versions].

Notwithstanding the above, they were able to verify the applicant’s eligibility for the AFEM; accordingly, his record will be administratively corrected following the Board.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Nov 21, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant failed to provide documentation verifying he meets the eligibility criteria for award of the KCM. Therefore, the Board concurs with the rationale and recommendation of AFPC/DP3SP and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, other than the administrative correction AFPC/DP3SP will make to the record, the Board finds the application untimely and recommends against correcting the applicant’s records beyond that corrected administratively.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-01525 in Executive Session on 21 Apr 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Jan 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 6 Oct 21.
	Exhibit D: Notification of Advisory, SAF/MRBC to Applicant, dated 2 Nov 21.

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