RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-02481

XXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO 

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect:

a. Deployment to Aviano, Italy (Boots-on-Ground Letter issued)
b. Deployment to Bagram, Afghanistan (Boots-on-Ground Letter issued)
c. Afghanistan Campaign Medal (Pending administrative correction)
d. Air Force Achievement Medal   (Pending administrative correction)
e. North Atlantic Treaty Organization (NATO) Medal (Pending administrative correction)
f.  Global War on Terrorism Expeditionary Medal

APPLICANT’S CONTENTIONS

His DD Form 214 does not accurately reflect his deployment to Aviano, Italy or Bagram, Afghanistan, from 21 April 2015 – 2 November 2015.  It does not contain the Afghanistan Campaign Medal, a Global War on Terrorism Expeditionary Medal, or the NATO Non-Article 5 Afghanistan Medal, which he believes are justified by his service.  He was also awarded the Air Force Achievement Medal on 6 May 2016, and it is not reflected on his DD Form 214. 

This is an error and unjust because he was deployed from 21 April 2015 – 2 November 2015.  He was part of the 510th Aircraft Maintenance Unit (510 AMU) and deployed with the 555 AMU to serve under the 455th Air Expeditionary Wing in the Bagram area of responsibility (AOR) for over 202 days in support of Operations INHERENT RESOLVE and FREEDOM SENTINEL.  He believes these ribbons were omitted because he was out-processed and honorably separated within roughly one month of his return from deployment.  He was presented with the NATO Non-Article 5 Afghanistan and Afghanistan Campaign Medals during a ceremony while deployed in the AOR, but these, along with the Global War on Terrorism Expeditionary Medal and Air Force Achievement Medal, were never documented on his DD Form 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).

On 28 December 2015, the applicant was furnished an honorable discharge, and credited with 4 years and 1 month of active service, including 3 years, 4 months, 12 days were Foreign Service.

On 4 June 2019, AFPC/DP3AM (Directorate of Assignments) issued the applicant a Boots-on-Ground letter confirming Foreign Service in Italy from 17 August 2012 – 28 December 2015, with deployment to Afghanistan from 21 April 2015 – 2 November 2015.

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 applicant’s request for the Global War on Terrorism Expeditionary Medal.  In accordance with Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A14.10, the Global War on Terrorism Expeditionary Medal was established by Executive Order 13289, dated 12 March 2003, to recognize members of the U.S. Armed Forces who deployed abroad for service in the War on Terrorism operations on or after 11 September 2001 to a date to be determined. Award of the Global War on Terrorism Expeditionary Medal is authorized for qualifying service in Afghanistan during the period of 11 September 2001 to 30 April 2005.  Service in Afghanistan after 30 April 2005 is recognized with the Afghanistan Campaign Medal. 

According to Paragraph A14.7, under no condition will personnel or units receive the Afghanistan Campaign Medal, Iraq Campaign Medal, Armed Forces Expeditionary Medal, or the Global War on Terrorism Expeditionary Medal for the same action, time, or period of service.

The applicant’s Boots-on-Ground in Afghanistan from 21 April 2015 – 2 November 2015 was confirmed by the Air Force Directorate of Assignments, and properly credited by award of the Afghanistan Campaign Medal, rendering the applicant ineligible for award of the GWOT-E Medal as it would be dual recognition.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

Notwithstanding, they were able to verify award of the Air Force Achievement Medal, Afghanistan Campaign Medal, and NATO Medal.  Accordingly, the applicant’s 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 13 October 2021 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 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, with the exception of the aforementioned administrative corrections, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2019-02481 in Executive Session on 19 May 2022:

, 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 10 April 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 October 2021.

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.