RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03058

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflect a Southwest Asia Medal for his service in Desert Shield/Desert Storm.  In addition, he would like all awards and medals reflected on his DD Form 214.

APPLICANT CONTENDS THAT:

His deployment from March Air Force base to Riyadh, Saudi Arabia and Jordan, Saudi Arabia with the 22nd Air Refueling Wing as part of the KC-10 field maintenance crew in an effort to support Desert Shield/Desert Storm.  His request includes that his untimeliness should not be a consideration in this matter.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force sergeant.  According to the applicant’s DD Form 214, he served in the Regular Air Force from 18 May 87 to 17 Aug 91 for a period of 4 years and 3 months, and has no foreign service.  According to his AF Form 910, Enlisted Performance Report, close-out 21 Dec 90, the applicant “…volunteered to take part in Operation Desert Shield and was deployed in support of this operation.”  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  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 in one or more of the following areas from 2 August 1990 through 30 November 1995: 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 areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates.  DP3SP is unable to verify the applicant served in the area of eligibility for award of the Southwest Asia Service Medal.  In addition, the applicant was not credited with any foreign service while on active duty.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 06 Jan 17 for comment (Exhibit D), and the applicant replied on 30 Jan 17.  In his response, the applicant contended he is in disagreement with the OPR’s assessment and is moving forward with obtaining the necessary proof required for him to receive the recognition.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

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).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  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.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03058 in Executive Session on 09 May 18

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 26 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 07 Nov 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 06 Jan 17.
Exhibit E:	Applicant’s response, dated 30 Jan 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.