RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02124

XXXXXXXXXXXXXX 	COUNSEL: NONE
	
(AKA) XXXXXXXXXX	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be updated to reflect the following:

a. Her deployment to Southwest Asia. 
     	b. The Armed Forces Expeditionary Medal and any other awards she qualified for during the period 4 Apr 94 – 30 Jun 94.
c. The Southwest Asia Service Medal. (Administratively resolved) 

APPLICANT’S CONTENTIONS

Her unit of assignment did not award the requested items prior to her Permanent Change of Station in Nov 94.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 20 Nov 89, according to DD Form 214, the applicant entered the Regular Air Force and separated on 13 May 97.  She was credited with 5 months and 22 days of Foreign Service.

On 20 Mar 20, the Air Force Personnel Center (AFPC) Recognition Team informed the applicant they were unable to verify award of the Armed Forces Expeditionary Medal, the Southwest Asia Service Medal, or any other medals during the period in question.  They invited the applicant to provide source documents placing her in the area of responsibility and informed her to send them to AFPC within 30 days of the date of their letter. After 30 days, the case would be referred to the Board.

On 17 Sep 20, the applicant submitted additional documents to the Board to support her request for the aforementioned medals. The evidence was staffed to AFPC/DP3SP for possible administrative correction.

On 24 Aug 21, AFPC/DP3AM (Assignment Policy) determined they were able to verify and confirm the applicant’s service in the Kingdom of Saudi Arabia, from 29 Mar 94 to 29 Jun 94, for 3 months and 1 day.  The amount of Foreign Service time reflected on the applicant’s DD Form 214 is correct; therefore, a correction is not needed.  Since specific locations are not annotated on a members DD Form 214, the applicant was informed they should use their letter as proof of “boots on ground” for the Kingdom of Saudi Arabia.

On 4 Nov 21, AFPC/DP3SP reviewed the additional documents provided by the applicant and they were able to verify the applicant qualified for the Southwest Asia Service Medal with one Bronze Service Star. However, they were unable to verify the applicant qualified for any other awards.  Her record has been administratively corrected.

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

APPLICABLE AUTHORITY/GUIDANCE

Executive Order 10977,  Establishing the Armed Forces Expeditionary Medal,  dated 4 Dec 61; DoDM 1348.33, Volume 2, Manual of Military Decorations and Awards: DoD Service Awards-Campaign, Expeditionary, and Service Medals; Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program.  

The Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 Jul 58, participated in U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations.  The Joint Chiefs of Staff designates operations that qualify for the Armed Forces Expeditionary Medal, specifies the degree of participation required, and defines the area of operations.

Title 10, United States Code, Section 1168: Discharge or release from active duty: limitation; DoDI 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series); DD Form 214 Total Force Personnel Services Delivery Guide.  The DD Form 214 is prepared in accordance with the aforementioned publications and is used to record qualifying active duty service.  Foreign Service locations are not an authorized entry on the DD Form 214.  Foreign Service is annotated in increments of years, months, and days.

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s request for the Armed Forces Expeditionary Medal or any other medals for her service between 1 Apr 94 and 30 Jun 94. The applicant has not provided evidence she qualified for these awards.  To grant relief would be contrary to the criteria established by law, the Secretary of the Air Force per Air Force Manual 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 20 Mar 20 and 25 Feb 21 for comment (Exhibit D), but has received no response.

The applicant’s complete response is at Exhibit D.

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 notes AFPC/DP3SP reviewed the additional documents provided by the applicant and they were able to verify she qualified for the Southwest Asia Service Medal with one Bronze Service Star.  However, they found no evidence the applicant qualified for any other awards.  Therefore 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. Regarding the applicant’s request to add a deployment location to her DD Form 214, as noted above, Foreign Service locations are not an authorized entry on the DD Form 214.  However, AFPC/DP3AM determined there is sufficient evidence the applicant served in the Kingdom of Saudi Arabia from 29 Mar 94 to 29 Jun 94, for 3 months and 1 day. Therefore, the applicant may use the AFPC/DP3AM Boots-on-Ground letter as verification of her service in the Kingdom of Saudi Arabia. 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, other than the administrative corrections noted above, 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-2019-02124 in Executive Session on 2 Dec 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 29 Mar 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 23 Feb 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 Mar 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.