RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02251

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 29 Sep 91, be corrected to reflect the Southwest Asia Service Medal (SWASM).

APPLICANT’S CONTENTIONS

His DD Form 214 does not reflect the SWASM.  He believes anyone who served on active duty from 2 Aug 90 to present is considered a Gulf War veteran. For Veterans Affairs eligibility purposes, the Gulf War period is still in effect.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 29 Sep 91, according to the DD Form 214, the applicant was released from active duty.  Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, reflects: Air Force Good Conduct Medal with one Device, NCO Professional Military Education Ribbon, National Defense Service Medal, Air Force Overseas Ribbon Long Tour, Air Force Training Ribbon, Air Force Longevity Service Award with One Device, and Air Force Outstanding Unit Award.   He was credited with 8 years, 9 months, and 24 days of active service, including 2 years, 11 months, and 17 days of Foreign Service.

On 21 Mar 20, the Air Force Personnel Center (APFC) Recognition Team responded to the applicant’s request for award of the Southwest Asia Service Medal (SWASM).  They notified the applicant they were unable to verify award of the SWASM and requested he send additional documentation placing him in the area of responsibility.

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

APPLICABLE AUTHORITY/GUIDANCE

Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program.  The SWASM is awarded to all members of the Armed Forces of the United States 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. To be eligible, a service member must be 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 serving 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 the application.  After a thorough review of the applicant’s military personnel record and documentation provided, they were unable to verify the applicant meets the established criteria for award of the SWASM. Correspondence was sent to the applicant on 21 Mar 20 requesting additional documentation to possibly administratively correct the record; however, a response was not received. To grant relief would be contrary to the criteria established by 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 13 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 applicant believes anyone who served on active duty from 2 Aug 90 to present is considered a Gulf War veteran and should qualify for the SWASM.  However, according to AFMAN 36-2806, the SWASM is awarded to all members of the Armed Forces of the United States who served in support of Operation DESERT SHIELD or DESERT STORM in one or more of the areas named above from 2 Aug 90 through 30 Nov 95. There is no evidence the applicant served in the area of responsibility and meets the established criteria for award of the SWASM. 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-2019-02251 in Executive Session on 30 Jun 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 4 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 9 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 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.