RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02367

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

1.  His records reflect foreign service.

2.  He be awarded the Southwest Asia Service Medal and any awards for Operation PROVIDE COMFORT.

APPLICANT CONTENDS THAT:

He served in Turkey and Iraq participating in Operation PROVIDE COMFORT, Phase II.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 August 1992.

On 12 December 1996, the applicant was furnished an honorable discharge, and was credited with 4 years and 4 months of active service.

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial of the Armed Forces Service Medal and the Humanitarian Service Medal.  The applicant’s dates of service in Turkey, in support of Operation PROVIDE COMFORT are prior to the award inclusive period for award of the Armed Forces Service Medal and or past the award inclusive period for award of the Humanitarian Service Medal.

The Armed Forces Service Medal was established on 11 January 1996 and is awarded to members of the Armed Forces who participate in a United States Military operation deemed to be a significant activity and who encounter no foreign armed opposition or imminent hostile action.  The Armed Forces Service Medal may be awarded to members of the United States Armed Forces who, on or after, 1 June 1992, in the opinion of the Joint Chiefs of Staff participate, or have participated, as members of United States Military units, in a United States Military operation in which personnel of any United States Armed Forces participate that is deemed to be a significant activity and encounter no foreign armed opposition or imminent hostile action.  Service members must have been permanently assigned, attached, or detailed to a unit that deployed to participate in a United States Military operation within a designated area of eligibility for 30 consecutive days (or for the full period when an operation is less than 30 days) or for 60 non-consecutive days, or meet one or more of the following criteria: was engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 non-consecutive days provided this support involves entering the area of eligibility or participated as a regularly assigned crew member on an aircraft flying into, out of, within, or over the area of eligibility in direct support of the designated military operation for 30 consecutive days or 60 non-consecutive days.  One day of service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.

The Armed Forces Service Medal is awarded for direct support of Operation PROVIDE COMFORT from 1 December 1995 to 31 December 1996.  The qualifying area of eligibility is Northern Iraq, north of the 36th parallel, Incirlik and Pirinclik Air Bases, Turkey.

The Humanitarian Service Medal is awarded to Air Force members, including Reserve components, who, after 1 April 1979, distinguished themselves by meritorious direct participation in a significant military act or operation approved for award by the Department of Defense.  Direct participation is defined as “hands-on” support at the site or sites of the military act or operation.  Acts or achievements that exceed the normal day-to-day duties, such as periodic emergency aeromedical evacuation missions may qualify for this award, such as: significant assistance in the event of nation or international disasters, natural or man-made, such as but not limited to earthquakes, floods, hurricanes, typhoons, tsunamis, or conflagrations, relief to a starvation area, evacuation of personnel from an area threatened by a hostile force, support or resettlement of refugees or evacuees, other significant military activities, directly related to humanitarian service, as designated in Military Service regulations.  These must be above and beyond routine actions (i.e. search and rescue operations conducted by search and rescue units), or acts or operations of a similar nature, as determined by the award approval authority.  Specifically excluded from eligibility for this medal are personnel assigned to various staff functions at military headquarters geographically separated from the operation (that is, command post, planners, staffers, and so forth).  Members whose normal day-to-day duties involve humanitarian services would not usually be eligible for this award.  Members must have been assigned or attached to and present for duty with a unit serving in the prescribed geographical area established for the award during the designated time period.

The applicant provided Special Order TE-277, for deployment to Incirlik Air Base, Turkey, in support of Operation PROVIDE COMFORT, with a proceed on/about date of 5 May 1995.

The Defense Finance and Accounting Service (DFAS) Center verified the applicant’s foreign service in Turkey from 6 May 1995 to 19 August 1995.  No foreign service in Iraq was verified.

They were unable to verify additional awards or decorations for the applicant’s support of Operation PROVIDE COMFORT.  The appropriate award to recognize the applicant’s deployment in support of Operation PROVIDE COMFORT is the Southwest Asia Service Medal with one Bronze Service Star.

Based on a review of the applicant’s official military personnel record, AFPC/DPSIDR was able to determine that the Southwest Asia Service Medal with one Bronze Service Star should have been awarded during the applicant’s service and was not reflected in his records.  Upon final board decision, administrative correction will be completed by AFPC/DP2STM.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

AFPC/DPAPP recommends denial indicating a review of the applicant’s records and documentation submitted validated boots on ground in Turkey from 6 May 1995 to 19 August 1995, but failed to provide any documents that substantiate foreign service time in Iraq.

A complete copy of the AFPC/DPAPP evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 16 February 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant’s contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note 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.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02367 in Executive Session on 13 September 2016, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02367 was considered:

	Exhibit A.  DD Form 149, dated 4 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 7 December 2015.
	Exhibit D.  Memorandum, AFPC/DPAPP, dated 8 February 2016.
	Exhibit E.  Letter, AFBCMR, dated 16 February 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.