RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-05038

XXXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Southwest Asia Service Medal.

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, indicates that he served in support of Operations DESERT STORM/SHIELD from 2 August 1990 to 30 November 1993.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 10 November 1973.

On 30 November 1993, the applicant was relieved from active duty and retired effective 1 December 1993.  He was credited with 20 years and 21 days of active service.

The applicant’s DD Form 214, item 18 (Remarks) indicates “SERVED 2 AUG 90 TO 30 NOV 93 IN SUPPORT OF OPERATION DESERT SHIELD/STORM.”

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The Southwest Asia Service Medal is awarded to members of the United States Armed Forces who served in support of Operations DESERT SHIELD or DESERT STORM, between the period 2 August 1990 and 30 November 1995, in one or more of the following areas: Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, and the land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates, or individuals serving in Egypt, Israel, Turkey, Syria and Jordan (including territorial airspace and water) directly supporting combat operations between 17 January 1991 and 30 November 1995. To be eligible, a service member must: be permanently assigned, attached, or detailed for one or more days with an organization participating in ground and/or shore (military) operations; be permanently assigned, attached, or detailed for one or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations in the areas designated; have served on temporary duty for 30 consecutive days or 60 non-consecutive days.  Those time limitations may be waived for personnel participating in actual combat operations.

The applicant contends since the remarks section of his DD Form 214 indicates he served in support of Operations DESERT STORM/SHIELD, he should be awarded the Southwest Asia Medal.  However, the remark on his DD Form 214 simply indicates that he served in the Air Force from the start of Operation DESERT STORM/SHIELD until his date of separation.  It does not mean he deployed and served in the area of eligibility.  When a service member deployed to the area of eligibility in direct support of Operations DESERT SHEILD/STORM, the DD Form 214 would have shown a statement that read “Member served in the area of eligibility in support of Operation DESERT SHIELD/STORM from XX to XX.”  This statement would include the exact date the service member entered the area of eligibility and the exact date the member left.  There is no official documentation verifying the applicant served in the area of eligibility in direct support of Operations DESERT SHIELD/STORM and that he met the criteria for award of the Southwest Asia Service Medal.  To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 June 2016, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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-2015-05038 in Executive Session on 14 February 2017, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05038 was considered:

Exhibit A.  DD Form 149, dated 17 November 2015, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 3 June 2016.
Exhibit D.  Letter, AFBCMR, dated 15 June 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.