RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01283

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded Operation DESERT SHIELD/STORM medals.  

APPLICANT’S CONTENTIONS

The awards were established and authorized after his service in 1994.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force technical sergeant (E-6).  He retired on 1 Nov 94.   

In a letter dated 3 Dec 19, the AFPC Recognitions Team requested the applicant provide any additional documents for verification of awards authorized for deployment in support of Operations DESERT SHIELD/STORM for possible administrative correction of his record.  The applicant was advised his request would be referred back to the BCMR should he not provide a response.  

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

APPLICABLE AUTHORITY

Per AFMAN 36-2806, Awards and Memorialization Program, the South West Asia Service Medal (SWASM) is awarded to members of the United States Armed Forces who served in support of Operation DESERT SHIELD or DESERT STORM, between the period of 2 Aug 90 and 30 Nov 95, in the area of the Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east, longitude, and the land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates.  To be eligible, a service member must be permanently assigned, attached, or detailed for one or more days supporting military operations or participated as a crewmember in one or more aerial flights, or served on temporary duty for 30 consecutive days or 60 non-consecutive days.  

AIR FORCE EVALUATION

AFPC/DP3SP recommends denial. A review of the documentation provided and his military personnel record does not include any documentation verifying eligibility criteria specific for Operation DESERT SHIELD/STORM awards.  Absent a specific request or additional documentation, they are unable to verify or award the medals.  The applicant also did not respond to the 3 Dec 19 memorandum for additional documentation.  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 15 Oct 20 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/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).  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-2019-01283 in Executive Session on 7 Jan 21:

 , 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 1 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter, AFPC Recognition Team, dated 3 Dec 19.  
Exhibit D:	Advisory opinion, AFPC/DP3SP, dated 11 Oct 20.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 15 Oct 20.

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.