RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00273

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: NO 	

APPLICANT’S REQUEST

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

a. Southwest Asia Service Medal
b. Kuwait Liberation Medal-Saudi Arabia
c. Kuwait Liberation Medal-Kuwait

APPLICANT’S CONTENTIONS

The requested medals were omitted from his records at the time of separation.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 14 Jun 95, according to the DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, the applicant enlisted in the Regular Air Force. 

On 30 Jul 97, according to Standard Form 600, Chronological Record of Medical Care, provided by the applicant, he was treated for “muscle sprain” while assigned to the xxxx. 

On 17 Dec 97, according to Special Order xx-x provided by the applicant, he was awarded the Air Force Achievement Medal for outstanding achievement for the period 29 Sep 97 to 8 Oct 97, while assigned to the xxx.

On 13 Jun 99, according to the DD Form 214, the applicant received an honorable discharge and was credited with 4 years of active service including 5 months and 5 days of Foreign Service. 

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

AIR FORCE EVALUATION

According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, paragraph A15.3, 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 from 2 Aug 90 through 30 Nov 95.  

Paragraph A12.6 states the Kuwait Liberation Medal-Saudi Arabia is awarded to members who served in support of Operation DESERT STORM between 17 Jan and 28 Feb 91.  According to paragraph A12.7, the Kuwait Liberation Medal-Kuwait is awarded to members who served in support of Operations DESERT SHIELD, DESERT STORM or the Cease Fire Campaign between 2 Aug 90, and 31 Aug 93

The applicant’s service in xxx between Jul 97 and Sep 97, is beyond the award authorization dates for award of the Southwest Asia Service Medal, Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  To grant relief would be contrary to the criteria established DoDI/M 1348.33, DoD Military Decorations and Awards Program, 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 29 Nov 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 Board concurs with the rationale and recommendation of AFPC/DP3SP 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 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.

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-2020-00273 in Executive Session on: 16 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 17 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 11 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Nov 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.