RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00678

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:

1.  Update Foreign Service time in block 12F.

2.  Award of the Southwest Asia Service Medal (administratively corrected).

3.  Any other service awards/campaign medals he may eligible for.

APPLICANT CONTENDS THAT:

He should be awarded the Southwest Asia Service Medal for his support of Operation DESERT STORM/SHIELD and his Foreign Service time should reflect time and duty served overseas for and during Operation DESERT STORM/SHIELD along with any other service awards/campaign medals he may be eligible for.  He requests the action be expedited as quickly as possible to qualify him and his family for benefits.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 Oct 86.

On 25 Jul 91, the applicant was furnished an honorable discharge, and was credited with 4 years, 8 months, and 26 days of active service.

On 17 Aug 17, AFPC/DP3SP corrected the applicant’s records to add award of the SWASM with one Bronze Service Star after initially recommending denial.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, G, H, J and K.

AIR FORCE EVALUATIONS:

AFPC/DPAPP recommends denial of the request regarding update of Foreign Service time and states the amount of Foreign Service reflected on the applicant’s DD Form 214 is correct and although they were able to verify and confirm the applicant deployed during Operation DESERT SHIELD/STORM, they were unable to determine the location or the amount of time.  

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

AFPC/DP3SP recommends denial regarding the applicant’s requests for award of the Southwest Asia Service Medal and any other service awards/campaign medals for his active duty service, indicating there is no evidence of an error or an injustice.  After a thorough review of the applicant's official military personnel record, there is no official documentation verifying the applicant deployed to the area of eligibility in direct support of Operation DESERT SHIELD/STORM during the award inclusive period of 2 Aug 90 to 30 Nov 95.  The applicant does not indicate the exact location of his deployment in support of Operation DESERT SHIELD/DESERT STORM nor does he give dates of deployment.  Without any specific dates or location, it cannot be verified the applicant deployed to an area of eligibility.  Although the applicant provided documentation in support of his claim, award of the Southwest Asia Service Medal cannot be verified.  Furthermore, the applicant’s Enlisted Performance Report (EPR), inclusive period 11 Apr 90 to 10 Apr 91, indicates he was selected to be a member of a firefighting team deployed in support of Operation DESERT STORM; however, no specific dates or location is given.

Additionally, after a thorough review of the applicant's official military personnel record, additional awards or decorations for the applicant's active duty service cannot be verified.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that his time in Egypt qualifies him for the Southwest Asia Service Medal.  His retained carbon copy of the DD Form 1351-2, Travel Voucher or Subvoucher and DD Form 1351-2C, Travel Voucher or Subvoucher (Continuation Sheet), are lightly legible and verify his deployment itinerary including dates and locations.  He did not include his only carbon original because there is no other record and it has not been confirmed another like version could be provided.  Additionally, record of his travel cannot be found in other record sources due to the level of his security clearance required for the deployment.  In support of his response, the applicant provides transcribed details from the carbon copies of his DD Forms 1351-2 and 1351-2C, resubmission of Special Order TC164 with the backside as a new submission, a welcome letter/packet for Camellot, photos, Morale, Welfare and Recreation (MWR) tickets for Cairo West, liquor card for Cairo West and membership card for the Sand Rock Cafe.

A complete copy of the applicant’s response, with attachments, is at Exhibit F.

ADDITIONAL AIR FORCE EVALUATIONS:

AFPC/DPAPP stands by their previous advisory, dated 15 Apr 16, and original findings of being unable to determine the location or amount of time the applicant deployed in support of Operation DESERT SHIELD/STORM.

A complete copy of the AFPC/DPAPP e-mail is at Exhibit G.

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  There is no official documentation verifying the applicant deployed to the area of eligibility in direct support of Operation DESERT SHIELD/STORM during the award inclusive period of 2 Aug 90 to 30 Nov 95.  The applicant’s personal account of travel days is not sufficient as a source document.  If the applicant is unable to acquire a legible travel voucher then the previous evaluation will stand.

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

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the Air Force additional evaluations were forwarded to the applicant on 27 Jun 17 for review and comment within 30 days (Exhibit I).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATIONS:

AFPC/DP3SP reviewed the applicant’s case further and was able to verify he deployed to Egypt and was eligible for award of the Southwest Asia Service Medal with one Bronze Service Star based on his service from 29 Oct 86 to 25 Jul 91.

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

AFPC/DPAPP stands by their previous advisory, dated 15 Apr 16.

A complete copy of the AFPC/DPAPP e-mail is at Exhibit K.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the Air Force additional evaluations were forwarded to the applicant on 4 Jan 18 for review and comment within 30 days (Exhibit L).  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 beyond that already granted administratively, 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 RECOMMENDS THAT:

The applicant be informed that the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The following members of the Board considered AFBCMR Docket Number BC-2016-00678 in Executive Session on 27 Jul 17 and 11 Apr 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 15 Apr 16.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 20 May 16.
Exhibit E.  Memorandum, AFBCMR, dated 7 Sep 16, w/atchs.
Exhibit F.  Letter, Applicant, dated 5 Oct 16, w/atchs.
Exhibit G.  Email, AFPC/DPAPP, dated 14 Mar 17.
Exhibit H.  Memorandum, AFPC/DP3SP, dated 19 Jun 17.
Exhibit I.  Memorandum, AFBCMR, dated 27 Jun 17, w/atchs.

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.