RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01446

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Southwest Asia Service Medal (SWASM) be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT’S CONTENTIONS

While assigned to the 401st Security Police Squadron at Torrejon Air Base, Spain, he went on a temporary duty (TDY) assignment to Incirlik Air Base, Turkey.  Individuals serving in Israel, Egypt, Turkey and Jordan that directly supported combat operations between 17 Jan 1991 and 11 Apr 1991 are eligible for the award. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant’s DD Form 214 for the period under review indicates that he served on active duty from 8 Jan 1987 thru 25 Mar 1992.  He was honorably discharged in the grade of senior airman (E-4) after serving 5 years, 2 months and 18 days of active duty.  He was credited with two years of Foreign Service.  

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

APPLICABLE AUTHORITY:

AFI 36-2803, The Air Force Awards and Decorations Program, dated 15 Jun 2001, states in part that the SWASM is awarded to members of the Armed Forces who served:  in support of Operation DESERT SHIELD or DESERT STORM between 2 Aug 1990 and 30 Nov 1995 in one or more of the following areas:  Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees N latitude and west of 68 degrees E longitude, land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates; or individuals serving in Egypt, Israel, Turkey, Syria and Jordan (including territorial airspace and waters) directly supporting combat operations between 17 Jan 1991 and 30 Nov 1995.

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application after a review of his Master Personnel Records and documentation submitted failed to provide any documents that substantiate Foreign Service time in Turkey.  

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 16 Jun 2020 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/DP3AM 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 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-2019-01446 in Executive Session on 26 Aug 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 19 Feb 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 4 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Jun 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.