RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00682

	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the Southwest Asia Service Medal (SWASM). 

APPLICANT CONTENDS THAT:

He deployed to Egypt in support of Operation DESERT SHIELD/STORM from 2 Aug 90 to 23 Feb 91 and is eligible for award of the SWASM.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Aug 87 and was discharged on 
10 Aug 91.  He was credited with four years of active service.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  Although the applicant’s DD Form 214, dated 10 Aug 91, states he served in support of Operation DESERT SHIELD/STORM, they were unable to verify he was in the area of eligibility for award of the SWASM.  

Individuals authorized the SWASM must have served in support of Operation DESERT SHIELD/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 complete advisory is at Exhibit C.

AFPC/DP3AM recommends denying the application, indicating the applicant’s master personnel records and information provided did not contain documentation to substantiate Foreign Service time in Egypt.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 May 18 for comment (Exhibit E), 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 and injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and AFPC/DP3AM 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-2017-00682 in Executive Session on 21 Jun 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3SP, dated 13 Mar 18.
Exhibit D:	Advisory opinion, AFPC/DP3AM, dated 18 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 May 18.

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