RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-02535

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The Southwest Asia Service Medal be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS THAT:

He was awarded the Southwest Asia Service Medal while serving in Abu Dhabi, Saudi Arabia, from November 1994 to March 1995.  However, it does not appear on his DD Form 214.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 10 Jan 94.

The applicant’s AF Form 910, Enlisted Performance Report (AB thru TSGT), for the period 10 Jan 94 through 10 Jan 95, indicates that as a Vehicle Operator, he accrued 10,000 accident-free miles while assigned to Saudi Arabia.

On 27 Jul 98, the applicant was furnished an honorable discharge, and was credited with 4 years, 6 months, and 18 days of active service and 4 months and 15 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, which is attached at Exhibits C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial, indicating there is no evidence of an error or an injustice.  Individuals authorized the Southwest Asia Service Medal must have served in support of Operation DESERT SHIELD or DESERT STORM, in one or more of the following areas, from 2 Aug 90 through 30 Nov 95: the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 100 north latitude and west 680 east longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.  To be eligible, a service member must be: attached to or regularly serving for one or more days with an organization participating in ground and/or shore (military) operations, attached to or regularly serving for one or more days aboard a naval vessel directly supporting military operations, actually participating as a crew member in one or more aerial flights directly supporting military operations in the area of eligibility, or serving on temporary duty for 30 consecutive days or 60 nonconsecutive days.  The Defense Finance and Accounting Service verified the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exemption for Saudi Arabia from 19 Nov 94 to 30 Nov 94; however, 12 days in the area of eligibility does not meet the award criteria of 30 consecutive days or 60 nonconsecutive days.

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 2 Dec 16, 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:
1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed 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-2016-02535 in Executive Session on 15 Feb 18, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 20 Jun 16, w/atchs.
Exhibit B.  Master Personnel Records-Pertinent Extracts.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 21 Nov 16.
Exhibit D.  Letter, AFBCMR, dated 2 Dec 16.

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.