RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02803

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO 

APPLICANT’S REQUEST

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

APPLICANT’S CONTENTIONS

The award is authorized by Executive Order 12754, dated 12 Mar 91, and is awarded to members of the U.S. armed forces who served in support of Operation DESERT SHIELD/DESERT STORM between 2 Aug 90 and 30 Nov 95.  His DD Form 214 reflects he served from 2 Aug 90 to 30 Dec 92, in support of Operation DESERT SHIELD/STORM; however, it does not reflect his eligibility to wear the Southwest Asia Service Medal.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to the documentation provided by the applicant the following information is provided:  

The applicant is a former Air Force senior airman (E-4).

On 30 Dec 92, according to DD Form 214, the applicant was discharged from active duty and was credited with 3 years and 11 months of active service.  Item 12f, Foreign Service, indicates 8 months and 4 days.  Item 18, Remarks, reflects “Served from 2 Aug 90 to 30 Dec 92 in support of Operation DESERT SHIELD/STORM.

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

APPLICABLE AUTHORITY

Air Force Instruction 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, states applicants have the burden of proof for providing evidence in support of their claim that they are the victim of an error or injustice.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  The Southwest Asia Service Medal, established by Executive Order 12754, recognizes qualifying Service members who participated in military operations in Southwest Asia during the period 2 Aug 90 through 30 Nov 95.  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.
 
The Southwest Asia Service Medal is not authorized for award to Service members who: (1) Performed home service during designated operations, such as support personnel in the United States; or (2) Supported the designated operations while deployed overseas in locations other than those designated as the Area of Eligibility (AOE). 

Although the applicant’s DD Form 214 indicates active duty service time during the period of Operation DESERT SHIELD/DESERT STORM, the dates on his DD Form 214 are the start date of the Operation and the applicant’s separation date; however, it does not state the applicant served in an AOE. To grant relief would be contrary to the criteria established by law, DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

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 25 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 of AFPC/DP3SP and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Furthermore, according to AFI 36-2603, applicants have the burden of proof for providing evidence in support of their claim.  Board staff made reasonable efforts to obtain the applicant’s records; however, the Board is only in receipt of the evidence provided by the applicant.  While the applicant provided a DD Form 214, he has provided insufficient evidence to show he met the criteria for the Southwest Asia Service Medal.  The Board also notes the applicant did not file the application within the 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.

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-2018-02803 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/atch, dated 16 Jul 18.
Exhibit B:	Advisory Opinion, AFPC/DP3SP, dated 29 Sep 21.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 25 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.