RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00898

xxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his participation in Operations NORTHERN WATCH and SOUTHERN WATCH and any awards and decorations authorized. 

APPLICANT’S CONTENTIONS

He was on several temporary duty (TDY) assignments between 1994 and 1998 to XXXX and XXXX in support of Operations NORTHERN WATCH and SOUTHERN WATCH.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force senior airman (E-4). 

Dated 2 Oct 95, AF Form 910, Enlisted Performance Report (AB thru TSgt), for the period 3 Oct 94 to 2 Oct 95, indicates the applicant was on a 54-day deployment to XXXX in support of Operation SOUTHERN WATCH.

Dated 2 Oct 96, AF Form 910, for the period 3 Oct 95 to 2 Oct 96, indicates the applicant was selected to deploy in support of Operations PROVIDE COMFORT and SOUTHERN WATCH.

On 4 Mar 97, the Air Force Achievement Medal was awarded to the applicant for outstanding achievement from 25 Jul 96 to 11 Sep 96.  The award states, while deployed to XXXXX, the applicant provided instrumental support during a demanding unit self-move from XXXXX to XXXXX in brutal summer conditions and high terrorist threat levels after the Dhahran terrorist bombing.
 
On 2 Feb 98, DD Form 214, reflects the applicant was honorably discharged in the grade of E-4 after serving four years of active service.  He was not credited with Foreign Service.  Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, indicates: Air Force Achievement Medal; Air Force Training Ribbon; National Defense Service Medal; Outstanding Unit Award; and Air Force Good Conduct Medal.

On 4 Apr 19, the Air Force Personnel Center (AFPC), Directorate of Assignments (AFPC/DP3AM) sent the applicant a letter stating they were able to verify and confirm “boots on ground” foreign service time in the Kingdom of Saudi Arabia, for 1 month and 24 days in support of Operation SOUTHERN WATCH.  They were also able to verify his service in support of Operation PROVIDE COMFORT; however, they were unable to determine the inclusive dates of this Foreign Service. The applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty.  Since specific locations and operations are not annotated on a member’s DD Form 214, the applicant was informed he could use their letter as proof of “boots on ground” for the XXXXXX in support of Operations SOUTHERN WATCH and PROVIDE COMFORT.

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 applicant’s request for awards and decorations pertaining to his participation in Operations NORTHERN WATCH and SOUTHERN WATCH during his service in the XXXXX and XXXX.  The authorized award during the applicant’s service in Saudi Arabia in support of Operation SOUTHERN WATCH is the Armed Forces Expeditionary Medal. According to Air Force Manual 38-2806, Awards and Memorialization Program, paragraph A14.5, the Armed Forces Expeditionary Medal was established on 4 Dec 61, to be awarded to members of the United States armed forces who, after 1 Jul 58, have participated in a United States military operation and encountered foreign armed opposition, or were in danger of hostile action by foreign armed forces.  To be eligible service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration), or for 60 nonconsecutive days provided the support involved entering the area of operations.  

The authorized awards for the applicant’s service in Turkey in support of Operation PROVIDE COMFORT are the Armed Forces Service Medal and the Humanitarian Service Medal.  According to paragraph A14.13, the Armed Forces Service Medal was authorized by Executive Order 12985, dated 11 Jan 96, and is awarded to members of the armed forces of the U.S. who, after 1 Jun 92: (1) participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity by the Joint Chiefs of Staff; and (2) encounter no foreign armed opposition or imminent threat of hostile action.  To be eligible members must have been permanently assigned, attached, or detailed to a unit that deployed to participate in a designated U.S. military operation within the area of eligibility for 30 consecutive days (or for the full period when an operation is less than 30 days) or for 60 non-consecutive days.

According to paragraph A14.14, the Humanitarian Service Medal was authorized by Executive Order 11965, dated 19 Jan 77. It was established to honor personnel of the armed forces of the United States who distinguished themselves by meritorious direct participation (hands on) in a significant military act or operation of a humanitarian nature, or have rendered a service to mankind. Specifically excluded from eligibility are service members or elements remaining at a geographically separated location or to a location and did not make a direct contribution to influence the action.  For humanitarian operations outside of the United States, after 1 Apr 75, but on or before 6 Jan 16, the recipient must have been physically present at the designated location, having directly contributed to and influenced the action. The designated location is the immediate site(s) of the humanitarian operations as defined by the Department of State’s request for assistance.

With assistance from the Air Force Directorate of Assignments, the applicant’s “boots on ground” service in the XXXXXX for 1 month and 24 days in support of Operation SOUTHERN WATCH was confirmed.  The applicant’s participation in Operation PROVIDE COMFORT was verified but the specific inclusive dates for this Foreign Service could not be confirmed.  The applicant’s time of service in support of Operation SOUTHERN WATCH and Operation PROVIDE COMFORT were prior to the authorized award period; rendering him ineligible for award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal and the Humanitarian Service Medal.  

To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 28 Oct 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant’s service in support of Operations SOUTHERN WATCH and PROVIDE COMFORT was verified but his time of service in support of these operations were prior to the authorized award period rendering him ineligible for the Armed Forces Expeditionary Medal, Armed Forces Service Medal and the Humanitarian Service Medal.  Therefore, the Board concurs with the rationale and recommendation of AFPC/DP3SP and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2018-00898 in Executive Session on 17 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 27 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 6 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 28 Oct 21.

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