RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03549

XXXXXXXXXXXXXX	COUNSEL: NONE
	AKA:  XXXXXXXXXXXXX
 	HEARING REQUESTED: NO 	

APPLICANT’S REQUEST

 Her DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include:

a.	Armed Forces Expeditionary Medal (Will be administratively corrected)
b.	Southwest Asia Service Medal 

APPLICANT’S CONTENTIONS

She was deployed to the regions and her records were not updated.  She was stationed at Osan Air Base, Korea and went to Scott Air Force Base to out-process, there is where her records were not updated with the missing medals. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 11 Apr 99, according to DD Form 214, the applicant separated from active duty having served 4 years active service.  She was also credited with 1 year, 4 months, 25 days of Foreign Service.   

On 23 Apr 20, the Air Force Personnel Center Recognition Team notified the applicant that verification was made for her award of the Armed Forces Expeditionary Medal, Operation SOUTHERN WATCH.  However, the documentation provided did not support verification for award of the Southwest Asia Service Medal.  She was advised to submit additional source documents placing her in the area of responsibility for award of the Southwest Asia Service Medal.  

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Manual 36-2806, Awards and Memorialization Program, Southwest Asia Service Medal. 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.

Members serving in Israel, Turkey, Syria, and Jordan (including the airspace and territorial waters) directly supporting combat operations from 17 Jan 91 through 30 Nov 95 are also eligible for the Southwest Asia Service Medal.  To be eligible, a Service member must have been 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 served 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.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Southwest Asia Service Medal.  After a thorough review of the applicant’s official military personnel record, verification could not be made for award of the Southwest Asia Service Medal.  Moreover, in accordance with the Secretary of the Air Force per Air Force Manual 36-2806, absent additional documentation verifying the applicant meets the established eligibility criteria, the award of the Southwest Asia Service Medal would be contrary to the criteria established by law.   

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 3 Nov 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 for award of the Southwest Asia Service Medal.  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 assertions 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 beyond that rendered administratively. 

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-2019-03549 in Executive Session on 31 May 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 May 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, w/atchs, dated 9 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 3 Nov 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.