RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2020-00448

XXX XXXXXXXX	COUNSEL:  NONE

	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge From Active Duty, be corrected to reflect award of the Global War on Terrorism Service Medal (Administratively resolved), Global War on Terrorism Expeditionary Medal (Administratively resolved), and the Iraq Campaign Medal.

APPLICANT’S CONTENTIONS

His DD Form 214 should accurately reflect the awards and decorations he earned.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve staff sergeant (E-5).

On 27 April 01, the applicant entered the Air Force Reserve.

The applicant’s AF Form 910, Enlisted Performance Report (AB thru TSGT), rendered for the period 29 April 2001 thru 27 April 2003, and AF Form 77, Supplemental Evaluation Sheet, rendered for the period 20 December 2002 thru 30 April 2003, states the applicant was deployed was voluntarily deployed to the Kingdom of Saudi Arabia in support of Operation SOUTHERN WATCH, ENDURING FREEDOM and IRAQI FREEDOM, enforcing the United Nations resolutions against and the subsequent Air War in Iraq.

The applicant’s DD Form 214, reflects he served on active duty from 8 November 2001 to 22 April 2003 in support of Operation NOBLE EAGLE, ENDURING FREEDOM, SOUTHERN WATCH and IRAQI FREEDOM.

On 26 April 2004, the applicant was honorably discharged from the AF Reserve.

On 16 June 2020, the applicant resubmitted documentation which he states shows he was deployed in support of IRAQI FREEDOM, which included providing security for all air assets and personnel, to include providing security in Saudi Arabia and Iraq when flights landed in the area of operation and return to Prince Sultan Air Base.  The dates he was in the area of operation falls within the dates for the medal.  He requests these documents be reviewed for award of the Iraq Campaign Medal and any other awards he may have earned during his service.

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

AIR FORCE EVALUATION

AFPC/DP1SSP after thoroughly reviewing the applicant’s official military personnel record was able to verify award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.  DP1SSP notified the applicant that his record would be administratively corrected to reflect the awards.  However, the applicant’s entitlement to the Iraq Campaign Medical could not be verified.

Per Air Force Manual 36-2806, Awards and Memorialization Program, 10 June 2019: A14.8.1. The period of eligibility for award of the Iraq Campaign Medal is 9 March 2003 to 31 December 2011, and the area of eligibility encompasses all land and air space of the country of Iraq, to include the contiguous water and air space out to 12 nautical miles.  To coincide with the change of mission for U.S. forces in Iraq, effective 1 September 2010, Operation IRAQI FREEDOM was changed to Operation NEW DAWN. 

A14.8.2.1. The medal is awarded to members who, during the period of the award, were permanently assigned, attached, or detailed for 30 consecutive days or 60 non-consecutive days to a unit operating in the area of eligibility.

The applicant was requested to provide additional source documents, such as; travel voucher, AF Form 7, AF Form 104, and/or evaluation reports placing him in the area of responsibility and for how long to verify his entitlement to the Iraq Campaign Medal.  Furthermore, if the additional documents were not received within 30 days, his request will be referred back to the Air Force Board for Correction of Military Records for adjudication.

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 20 July 2020 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/DP1SSP 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, the Board finds the application untimely and recommends against correcting the applicant’s records beyond that rendered administratively.

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-2020-00448 in Executive Session on 27 October 2020:

XXX XXXXXX, Panel Chair 
XXX XXXXXX, Panel Member
XXX XXXXXX, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSP, dated 21 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Jul 20.

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.