RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00665 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the following awards: 1. Southwest Asia Service Medal (SWASM). 2. National Defense Service Medal (NDSM). (Administratively resolved) APPLICANT CONTENDS THAT: He served during Operations DESERT SHIELD/DESERT STORM and preformed military duties in the countries of , from August 1990 to October 1990, authorizing him Southwest Asia Service Medal (SWASM) and the National Defense Service Medal (NDSM). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant commenced his service in the Regular Air Force on 11 Sep 80. According to documentation provided by the applicant, his name is listed on group special mission travel orders from to and return to , with a proceed date of 12 Aug 90 for a period of 90 days. From 12 Aug 90 to 28 Sep 90, according to information obtained from Defense Finance and Accounting Service (DFAS), the applicant received Family Separation Pay (FSA), Type II, indicating he was on temporary duty (TDY) away from the permanent station continuously for more than 30 days, and his dependents were not residing at or near the TDY station. On 15 Nov 90, the applicant was honorably discharged at the completion of his required active service and credited with ten years, two months, and four days active service; which included three years and two months of foreign service. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the SWASM, indicating there is no evidence of an error or injustice. The SWASM is awarded to service members of the U. S. armed forces who served in support of Operations DESERT SHIELD or DESERT STORM from 2 Aug 90 and 30 Nov 95 in one or more of the following areas: Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates. Individuals also serving in Israel, Egypt, Turkey, Syria and Jordan, to include the airspace and territorial waters, in direct support of combat operations from 17 Jan 91 through 30 Nov 95 are eligible for award of the SWASM. Service members are eligible for the SWASM if they were permanently assigned, attached, or detailed 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 abroad a naval vessel directly supporting military operations in the area of eligibility (AOE), or serving on temporary duty for 30 consecutive or 60 nonconsecutive days. While it is more likely than not the applicant did deploy, there is no official documentation in the applicant's record, nor was any provided, to verify a location to show he was in direct support of operations within the designated area of eligibility for 30 consecutive days or for 60 non-consecutive days or was engaged in combat during an armed engagement in support of Operations DESERT SHIELD/DESERT STORM. To grant relief would be contrary to the eligibility criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. As for his request for the NDSM, a review of the applicant’s records revealed that the applicant should have been awarded the NDSM and his records will be administratively corrected upon the Board’s decision on the applicant’s request for the SWASM. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted copies of his pre-deployment vaccination records and a copy of his Sep 90 Leave and Earning Statement (LES) authorizing him Hostile Fire Pay (HFP) as evidence of the fact he did deploy to a combat zone. He has no reason to lie about this as doing so would be in violation of the stolen valor act. Additionally, while he acknowledges it is his responsibility to provide evidence to substantiate his claim, the fact that he cannot access the records of the other personnel he deployed with, precludes him from doing so. However, it would only take a moment [for the Board] to pull several of the records of other personnel that deployed with him to further prove his claim. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. While we note the comments of AFPC/DPSID indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that he was deployed to a location to qualify for the SWASM, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant has provided a copy of his LES, identifying HFP was paid during the time period in question. Further, in light of the fact information obtained from DFAS identifies FSA was paid during the same time period as HFP, we believe the evidence is sufficient to conclude the applicant deployed to the designated area of responsibility for at least 30 days, thus qualifying him for award of the SWASM. We note that AFPC/DPSID has determined that the applicant should have been entitled to the National Defense Service Medal (NDSM) and will correct his records administratively. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Southwest Asia Service Medal (SWASM). The following members of the Board considered AFBCMR Docket Number BC-2014-00665 in Executive Session on 2 Dec 14 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00665 was considered: Exhibit A. DD Form 149, dated 11 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 11 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14. Exhibit E. Letter, Applicant, dated 1 Aug 14.