RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02451 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Southwest Asia Service Medal (SWASM). _________________________________________________________________ APPLICANT CONTENDS THAT: Department of Defense Manual (DoDM) 1348.33-Volume 2, Section 1(d) states the SWASM is not authorized for those who “supported from home, European or Pacific bases.” He did neither. He was assigned at Howard AFB, Panama, which was under Southern Command which was directed by Central Command. His unit was a staging area after Operation JUST CAUSE, for the build up of forces during DESERT SHIELD/DESERT STORM. His DD Form 214 states that he “Served from 2 Aug 90 to 30 Sep 95, in support of Operation DESERT SHIELD/STORM/CALM.” He was made aware during pre-retirement planning that “In support of” was interpreted by one human resource member as creditable service, and by another as not creditable service. He always thought he had the medal or the credit for “in-theater” service. He received the credit 3 years ago, and now he is going to lose it. In support of his request, the applicant provides an excerpt of DoDM 1348.33-V2, his Department of Veterans Affairs (DVA) Rating Decision, and a SF Form 613, Verification of a Military Retiree’s Service in Non-Wartime Campaigns or Expeditions. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 10 Jul 75 to 30 Sep 95. His DD Form 214 reflects he was retired in the grade of technical sergeant (E-6) effective 30 Sep 95, after serving 20 years, 2 months, and 21 days on active duty, with 5 years, 10 months, and 25 days being Foreign Service. For award of the SWASM; individuals must have served in support of Operations DESERT SHIELD, DESERT STORM, PROVIDE COMFORT, or the Cease Fire Campaign in one or more of the areas of responsibility (AORs) from 2 Aug 90 to 30 Nov 95: the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 N. latitude and west 68 E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. Individuals serving in Israel, Egypt, Turkey, Syria and Jordan (including the airspace and territorial waters) directly supporting combat operations from 17 Jan 91 to 30 Nov 95 shall also be eligible for award of the SWASM. To be eligible, a service member must be: 1) attached to or regularly serving for one or more days with an organization participating in ground and/or shore (military) operations; 2) attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations; 3) actually participating as a crew member in one or more aerial flights directly supporting military operations in the AOR; or 4) serving on temporary duty for 30 consecutive or 60 nonconsecutive days. Those time limitations may be waived for people participating in actual combat operations. The SWASM is not authorized for award to those service members who performed service from home during the Gulf War, such as support personnel in the United States. The SWASM is also not authorized for those who supported the Gulf War from European or Pacific bases. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states they were unable to locate any official documentation to verify the applicant deployed to the AOR in “direct support” of the Gulf War during the award inclusive period in order to be entitled to the SWASM. Service in Panama is not considered to be within the AOR. The complete DPSIDRA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his earlier contentions and states since Howard AFB, Panama was neither a Pacific nor a European base, how does DoDM 1348.33-V2 apply. Howard AFB was not under Southern Command, but was a staging/pre-deployment area for Central Command for Operation Desert Shield/Storm. His quest for entitlement is directed by his Human Resource Office’s request to validate military service for annual leave purposes. After a change in the wording and language about service medals, many agencies performed a review to see who was and who was not eligible for the additional hours. The applicant’s complete response is at Exhibit D. _________________________________________________________________ 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. We took notice of the applicant's complete submission to include his rebuttal submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note the applicant’s contention that he was assigned at Howard AFB, Panama, which was a staging area after Operation JUST CAUSE, for the build up of forces during DESERT SHIELD/DESERT STORM; however, service at this location does not qualify him for award of the SWASM. Therefore, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 Docket Number BC-2011-02451 in Executive Session on 13 Oct 11, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2011-02451 was considered: Exhibit A. DD Form 149, dated 28 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 4 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 19 Aug 11. Exhibit E. Letter, Applicant, dated 12 Sep 11.