RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02439

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

1.  Deployment/foreign service to Riyadh Air Base, Saudi Arabia, from 7 Aug 90 to 31 Aug 90 (administratively corrected).

2.  Any medals/ribbons awarded to his unit during the deployment.

APPLICANT’S CONTENTIONS

He was deployed on 7 Aug 90 to Riyadh Air Base, Saudi Arabia.  He was injured on 25 Aug 90 in a motor vehicle accident while patrolling the base perimeter and was treated at the base hospital for a Traumatic Brain Injury (TBI), cervical strain and other injuries.  He was returned to his home station on 31 Aug 90 to seek further medical treatment.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force sergeant (E-4).

In 1998, the applicant submitted a request to the National Personnel Records Center, requesting service medals for his time as part of DESERT SHIELD/STORM.  On 1 Sep 98, the AFPC Recognitions office notified the applicant they were unable to verify entitlement to DESERT SHIELD/STORM awards, and requested additional supporting documents; however, none were provided.   

On 7 Jan 20, AFPC/DP3AM (Assignment Policy) was able to verify the applicant’s boots-on-ground service in the Kingdom of Saudi Arabia, from 7 Aug 90 to 31 Aug 90, for 25 days (and service in the United Kingdom, from 5 Sep 89 to 26 Sep 89, for 22 days).  Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect 1 month and 17 days of foreign service. 

On 8 Jan 20, the applicant was notified AFPC was prepared to correct his foreign service time, and in light of the 1 Sep 98 letter from AFPC asked if he still wanted to pursue his request for awards/decorations, and provide additional support.  The applicant responded that he did want to pursue awards/decorations, but he did not provide additional supporting documents. 

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

APPLICABLE AUTHORITY

AFI 36-2803, The Air Force Military Awards and Decorations Program:

Paragraph 6.15., Southwest Asia Service Medal (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 North latitude and west 680 East longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.  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.  

Paragraph 7.4.8., Kuwait Liberation Medal-Saudi Arabia (KLM-SA), was authorized by the Government of Saudi Arabia to members of the Coalition Forces who participated in Operation DESERT STORM and the liberation of Kuwait.  Eligibility:  US military personnel must have served in support of Operation DESERT STORM between 17 Jan 91 and 28 Feb 91 in the areas of the Persian Gulf, the Red Sea, the Gulf of Oman, the portion of the Arabian Sea that lies north of 10 degrees North latitude and west of 68 degrees East longitude, the Gulf of Aden, or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. 

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.  We took notice of the applicant’s complete submission, and Air Force guidance, in judging the merits of the case.  Based on the available evidence, it appears the record is consistent with Air Force policy.  The Board 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).  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-2019-02439 in Executive Session on 11 May 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, w/atchs, dated 2 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

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.