RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02037 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Southeast (sic) Asia Service Medal.

APPLICANT CONTENDS THAT:

He served for three months in Saudi Arabia in support Operation DESERT SHIELD.  He served with honor and was eligible to receive the medal.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he commenced his enlistment in the Regular Air Force on 6 May 1987. 

According to Travel Order, TA-46, dated 4 October 1990, the applicant was to proceed to RAF Mildenhall, UK, in support of Operation DESERT SHIELD for 90 days.

On 2 June 1991, he was furnished an honorable discharge, and was credited with 4 years and 27 days of active service, which included 3 months and 17 days of foreign service. 

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 (SWASM) 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 people participating in actual combat operations.

The applicant’s personnel record was not available at the time of the request.  However, after a thorough review of the documentation provided, DP3SP was unable to verify award of the SWASM.

The Defense Finance and Accounting Service (DFAS) verified the applicant received hostile fire/imminent danger pay from 8 August 1990 to 28 November 1990, but could not verify the applicant was in the area of responsibility (AOR) for award of the SWASM.

DP3SP was unable to locate any official documentation verifying award of the SWASM and therefore recommends the requested relief be denied.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 March 2017, 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.  While we note the applicant provided orders and was in receipt of hostile fire/imminent danger pay, it is possible the applicant could have qualified for hostile fire/imminent danger pay in the performance of duty outside of the area of eligibility for the SWASM.  Therefore, the Board could not determine, based on the evidence provided, that he actually served in a qualifying location for the SWASM.  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.  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 RECOMMENDS 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-2016-02037 in Executive Session on 27 July 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 16 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17.

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.