RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01779

XXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

Although he served during Operation DESERT STORM, he did not receive the SWASM when he was discharged.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5). 

On 30 October 1990, the applicant was honorably discharged, having served 7 years, 8 months, and 28 days of active service.  He was not credited with Foreign Service.

On 5 July 2018, AFPC/DP1SSP, advised the applicant that after reviewing his official military personnel record, they were unable to verify award of the SWASM or any official documentation verifying he deployed to the area of eligibility for 30 consecutive days or for 60 nonconsecutive days in support of an operation for which the SWASM is authorized.  They requested he submit copies of any official documentation verifying deployment, for further consideration.  To AFBCMR’s knowledge, AFPC/DP1SSP has received no response.  (Exhibit C)

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

APPLICABLE AUTHORITY

Air Force Manual 36-2806, Awards and Memorialization Program.  The SWASM is awarded to all members of the Armed Forces of the United States who served in support of Operation DESERT SHIELD or DESERT STORM in one or more of the following areas from 2 August 1990 through 30 November 1995: The Persian Gulf, the Red Sea, the Gulf of Oman, the Gulf of Aden, that portion of the Arabian Sea that lies north of 100 N. latitude and west 680 E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. 

Members serving in Israel, Turkey, Syria, and Jordan (including the airspace and territorial waters) directly supporting combat operations from 17 January 1991 through 30 November 1995 shall also be eligible for award of the SWASM

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 areas designated above; or serving on temporary duty or 30 consecutive days or 60 nonconsecutive days. These time limitations may be waived for people participating in actual combat operations (Exhibit B).

AIR FORCE EVALUATION

AFPC/DP3AM, recommends denying the application.  A review of the applicant’s master personnel records and documentation submitted failed to provide any documents that substantiate Foreign Service during Operation DESERT STORM.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 April 2020 for comment (Exhibit E), 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 Board concurs with the rationale and recommendation of AFPC/DP3AM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Additionally, the Boards notes AFPC/DP1SSP was unable to verify award of the SWASM to the applicant, and requested he submit copies of any official documentation verifying his deployment; which to the Board’s knowledge, he never responded.  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).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  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-2017-01779 in Executive Session on 17 December 2020:

, 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/atchs, dated 3 April 2017.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, AFPC/DP1SSP to applicant, dated 5 July 2018.
Exhibit D:	Advisory, AFPC/DP3AM, dated 4 June 2019 
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 23 April 2020.

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.