RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03522

xxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect following:

a. The Meritorious Service Medal.  (Administratively corrected).

b. The Southwest Asia Service Medal.

APPLICANT’S CONTENTIONS

He never received the Southwest Asia Service Medal but his DD Form 214, item 13 [sic] shows he was in support of Operation DESERT SHIELD/STORM while assigned to XXXXXXX, England, XX Fighter Wing.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force master sergeant (E-7). 

On 19 Aug 91, AF Form 911, Senior Enlisted Performance Report (MSgt thru CMSgt), for the period 5 Jul 90 to 21 Jun 91, block VII (Indorser’s Comments) states, “During Operation DESERT SHIELD, our egress shop was given a 90-day safety inspection requirement.”  During this period, the applicant was assigned to XXXXXX, England.

On 28 Feb 93, according to DD Form 214, the applicant was honorably discharged for the purpose of retirement. He was credited with 12 years and 6 months of Foreign Service.  Item 18, Remarks, indicates “Served from 2 Aug 90 through 28 Feb 93 in support of Operation DESERT SHIELD/STORM.”

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 award of the Southwest Asia Service Medal.  The applicant states he supported Operation DESERT SHIELD/DESERT STORM while assigned to XXXXXX, England.  However, according to AFMAN 36-2806, Awards and Memorialization Program, the Southwest Asia Service Medal is awarded to all      
members of the U.S. Armed Forces who served in support of Operation DESERT SHIELD or DESERT STORM in one or more of the following areas from 2 Aug 90 through 30 Nov 95: 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.  

Although the applicant states his DD Form 214 shows he supported Operation DESERT SHIELD/STORM while he was assigned at XXXXXX, England, the statement on the DD Form 214 was reflected on all DD Forms 214 during the period 2 Aug 90 through a separation/retirement date until 30 Nov 95.  However, to be eligible for the Southwest Asia Service Medal, a second statement must be on the DD Form 214 which states “Served in the Area of Operation from 2 Aug 90 to XXX during Operation DESERT SHIELD/STORM.”

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 26 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 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-2017-03522 in Executive Session on 3 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/atchs, dated 18 Jul 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 2 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 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.