RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00248

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be amended to reflect award of the following:

	a. The Armed Forces Expeditionary Medal.
b. The Small Arms Expert Marksmanship Ribbon.
c. The Southwest Asia Service Medal.
d. The Air Force Overseas Ribbon-Short Tour (Will be administratively corrected).
e. The Nuclear Deterrence Operations Service Medal. (Will be administratively corrected).
 
2.  His DD Form 214 reflect his deployment to XXX.

APPLICANT’S CONTENTIONS

He should receive the Air Force Overseas Ribbon-Short Tour for his first duty assignment at XXX from November 1991 to November 1993.  He should be awarded the Armed Forces Expeditionary Medal and the Southwest Asia Service Medal for his deployment to XXX in November 1995 through January 1996 during XXX.  Further, his record should show that he qualified as marksman.  He also spent eight years working in support of the nuclear deterrence operations.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 30 July 1991, according to DD Form 214, the applicant entered active duty.

On 25 September 2000, according to DD Form 214, the applicant was honorably discharged.  He served 9 years, 1 month and 26 days of total active duty service and was credited with 2 years, 1 month and 21 days foreign service.

On 27 September 2020, the Air Force Personnel Center (AFPC) Assignment Policy Directorate (AFPC/DP3AM) advised the applicant that it had been determined that the corrective action had been resolved through pertinent administrative procedures which do not require referral to the Air Force Board for Correction of Military Records. After a complete review of his official military record and the documentation provided, they were able to verify and confirm boots on ground foreign service time in the XXX; however, they were unable to determine the inclusive dates of this service. It appears the amount of Foreign Service time reflected on his DD Form 214, is correct, therefore a correction is not needed.  Since specific locations are not annotated on a member’s DD Form 214, the applicant was informed to use their letter as proof of “boots on ground” for the XXX.

On 2 February 2021, the AFPC Recognition Team advised the applicant that after a thorough review of his official military personnel record to possibly provide administrative relief, they were able to verify award of the Air Force Overseas Ribbon-Short Tour, Nuclear Deterrence Operations Service Medal with “N” device and one Bronze Oak Leaf Cluster.  However, they were unable to verify award of the Small Arms Expert Marksmanship Ribbon and Armed Forces Expeditionary Medal.  Although Assignment Policy was able to verify boots on the ground for service in the XXX per memorandum dated 27 September 2020, it does not indicate the inclusive dates for his direct support in the Gulf War.  He was asked to provide any source documents, such as a travel voucher, AF Form 7, Airman Military Record, AF Form 104, Service Medal Award Verification, and/or evaluation reports placing him in the area of responsibility in direct support of XXX.  In addition, he was also asked to provide documentation such as an AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, or Special Order to verify he qualified as “Expert” with either the M-16 or issued handgun.

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

APPLICABLE AUTHORITY/GUIDANCE

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 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. 

AFMAN 36-2806, Awards and Memorialization Program, dated 10 June 2019.

The Southwest Asia Service Medal is awarded to all members of the U.S. Armed Forces who served in support of Operation DESERT SHIELD or DESERT STORM in one or more of the following areas from 2 August 1990 through 30 November 1995: 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.

Members serving in Israel, Turkey, Syria, and Jordan (including the airspace and territorial waters) directly supporting combat operations from 17 January 1991 through 30 November 1995 are also eligible for the Southwest Asia Service Medal.

To be eligible, a Service member must have been 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 served 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. 

The following are Southwest Asia Service Medal Designated Campaigns.

	CAMPAIGN					    DATES

Defense of Saudi Arabia			2 August 1990 – 16 January 1991
Liberation and Defense of Kuwait 		17 January 1991 – 11 April 1991
Southwest Asia Cease Fire			12 April 1991 – 30 November
Operation PROVIDE COMFORT		1 June 1991 – 30 November 1995

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the applicant’s requests for the Armed Forces Expeditionary Medal and the Small Arms Expert Marksmanship Ribbon.    According to AFMAN 36-2806, paragraph A14.5, the Armed Forces Expeditionary Medal is awarded to members of the U.S. Armed Forces who, after 1 July 1958, 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. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration), or for 60 nonconsecutive days provided the support involved entering the area of operations or met one or more of the following criteria: Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; Is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; Accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit. Prior to 1 December 1995, members on aircrew status were only required to fly over or into the area of eligibility for one day during the conflict to qualify for the medal. Under no condition will members receive the Armed Forces Expeditionary Medal and another campaign medal for the same period of service, unless authorized by DoD.

According to paragraph A14.33, the Small Arms Expert Marksmanship Ribbon was established by the Secretary of the Air Force on 28 August 1962 and made effective on 1 January 1963. The ribbon is awarded to regular Air Force, Air National Guard and Air Force Reserve members, who, after 1 January 1963, qualify as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on the Air Force qualification course, an appropriate orientation course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle Program. Members who, after 22 June 1972, qualify as “Expert” with both the M-16 rifle (or M-4 or GAU-5) and an issued handgun, wear a bronze service star on the ribbon. 

AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, or a letter from the small arms marksmanship monitor is used as the source documentation for this award. Members who qualify as “Expert” provides a copy of the AF Form 522 or letter to the manpower and personnel flight for update in the member’s personnel records.

After a thorough review of the official military personnel record and the documentation provided by the applicant AFPC/DP3SP is unable to verify award of the Armed Forces Expeditionary Medal and the Small Arms Expert Marksmanship Ribbon.  Correspondence was sent to the applicant on 2 February 2021, requesting additional documentation.  However, as of the date of their evaluation, a response has not been received from the applicant.  To grant relief would be contrary to the criteria established by DoDI 1348.33, DoD Military Decorations and Awards; AFMAN 36-2806 and AFI 36-2654, Combat Arms Program.

Notwithstanding the above, they are able to verify award of the Air Force Overseas Ribbon-Short Tour and the Nuclear Deterrence Operations Service Medal with “N” device and one Bronze Oak Leaf Cluster.  Accordingly, the applicant’s record will be administratively corrected. 

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 29 November 2021 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/DP3SP regarding the Armed Forces Expeditionary Medal and the Small Arms Expert Marksmanship Ribbon and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Regarding the applicant’s request for award of the Southwest Asia Service Medal, according to AFMAN 36-2806, the applicant did not meet the criteria for the medal.  Regarding his request to add his deployments to the XXX to his DD Form 214, as noted in the applicable authority/guidance, locations are not authorized entries on the DD Form 214.  However, the applicant may use the letter from AFPC/DP3AM as verification of boots on ground Foreign Service time in those locations. 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 correction made to his record, 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-2020-00248 in Executive Session on 21 April 2022:

, 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 27 December 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 11 October 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 November 2021.

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.