RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02168

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The following decorations be added to his DD Form 214, Certificate of Release or Discharge from Active Duty:

	a. Southwest Asia Service Medal
	b. Kuwait Liberation Medal (Kuwait)
	c. Kuwait Liberation Medal (Saudi Arabia)  

APPLICANT’S CONTENTIONS

The awards listed above were issued after he was honorably discharged.  He believes he should have received these medals because he participated in equipment resupply flights to Incirlik Air Base, Turkey for the 612th Tactical Fighter Squadron and to Doha, Qatar, in support of the 614th Tactical Fighter Squadron while assigned to the 401st Equipment Maintenance Squadron/40lst Air Expeditionary Group during Operation Desert Shield/Storm in 91.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force senior airman (E-4).  

AF Forms 910, Enlisted Performance Report, for reporting periods 24 Feb 90 – 18 Jun 91 and 19 Jun 91 – 1 Feb 92, reflect the applicant was stationed at the 401st Equipment Squadron, Torrejon Air Base, Spain.    

On 29 Mar 92, the applicant’s DD Form 214, block 18 (Remarks), reflects he served from 2 Aug 90 to 13 Feb 92 in support of Operation Desert Shield/Desert Storm.

On 11 Oct 19, the AFPC Recognition Team notified the applicant that it was unable to verify award of the Southwest Asia Service Medal, Kuwait Liberation Medal Kingdom of Saudi Arabia and the Kuwait Liberation Medal Government of Kuwait based on the applicant’s records.  The AFPC Recognition team requested the applicant provide source documents placing him in the area of responsibility (Exhibit C). 

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

APPLICABLE AUTHORITY

DoDM 1348.33, Manual of Military Decorations and Awards, Sep 96, Chapter 7, outlines foreign decoration criteria.  To be eligible, U.S. military personnel must have served in support of Operation Desert Shield and Desert Storm during a specified period and in one or more of the following areas:  the Persian Gulf, the Red Sea, the Gulf of Oman, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, the Gulf of Aden, or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.  To be eligible to wear the medal, members must have been attached to or regularly serving for 1 or more days with an organization participating in ground or shore operations; or on temporary duty for 30 consecutive days or 60 non-consecutive days during this period. 

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 areas named above from 2 Aug 90 through 30 Nov 95.  (Exhibit F).

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the requested medals due to the absence of documentation in the official record to verify the applicant meets the established eligibility criteria for award of the Southwest Asia Service Medal, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.  Correspondence was sent to the applicant requesting additional documentation (Exhibit C); however, a response was not received.  

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 27 Jul 20 for comment (Exhibit E), but 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-2018-02168 in Executive Session on 3 Dec 20:

Mr. Panel Chair
Mr. Panel Member
Ms. Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 23 May 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
	Exhibit C:	Memorandum, AFPC/DP1SSP to applicant, dated 11 Oct 19.
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 26 Jul 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 27 Jul 20.
Exhibit F:	Applicable Authority, (DOD Manual 1348.33 extracts).

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.