RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03133

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show he was awarded or authorized to receive the Armed Forces Expeditionary Medal (AFEM) and the Southwest Asia Services Medal (SWASM).

APPLICANT CONTENDS THAT:

His service from Jan 1993 until Nov 1996 included assignments to Panama & Columbia SA (94), Guantanamo Bay, Cuba (95), and Qatar (96).  His records should show that he was awarded the AFEM and the SWASM ensuring he is recognized as a veteran of foreign wars.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 Nov 96, the applicant was honorably discharged as a Senior Airman and was credited with 3 years, 10 months and 2 days with no foreign or sea service recorded.  According to his AF Form 910, close-out 20 Sep 95, the applicant “…volunteered to go to US Naval Bay, Guantanamo Bay, Cuba, in support of Operation Sea Signal”.

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, Read 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.  

AFPC/DP3SP was able to confirm the applicant served in Saudi Arabia for a total of 25 days in 1996; however, they were unable to verify he served in direct support of Southern Watch for 30 consecutive days or 60 non-consecutive days.

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 23 Aug 17 for comment (Exhibit D), but has received no response.

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.  Furthermore, 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-2016-03133 in Executive Session on 20 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 04 Jan 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 09 Dec 16
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Aug 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.