RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00880

XXXXXXXXXXXXX	COUNSEL: XXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His DD Form 214, DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the following medals:

a.	Southwest Asia Service Medal (Pending administrative correction)

b.	Global War on Terrorism Service Medal

APPLICANT’S CONTENTIONS

His DD Form 214, dated 2 Feb 93, block 18, Remarks, states “member also served in DESERT SHIELDS/STORM area of responsibility 30 Sep 92 to 2 Feb 93,” and according to AFMAN  36- 2608, Awards and Memorialization Program, paragraph 15.3, Southwest Asia Service Medal, he believes he was eligible for the medal.

He was serving on active duty at the time the Global War on Terrorism Service Medal was established and is eligible to receive the award based upon AFMAN 36-2608, paragraph 14.11, Global War on Terrorism Service Medal, which states “members supporting Global War on Terrorism operations in a non-deployed status, whether stationed at home or overseas are eligible for the medal.” 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force captain (O-3).

On 30 Sep 92, according to DD Form 214, the applicant entered a period of active service and on 2 Feb 93, he was discharged and credited with 4 months and 3 days of active service.  Item 18, Remarks, states: “Member served in DESERT SHIELD/STORM Area of Responsibility 30 Sep 92 to 2 Feb 93.”

On 16 Mar 22, AFPC/DP1SSP, published an action order requesting correction of the applicant’s DD Form 214, dated 2 Feb 93 to add the Southwest Asia Service Medal.

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

APPLICABLE AUTHORITY

Air Force Manual 36-2806, Awards and Memorialization Program, Table A14.10. Global War on Terrorism Service Medal Approved Operations.

Operation	Operation Dates	
Airport Security Operations	27 Sep 01 - 31 May 02	
NOBLE EAGLE	11 Sep 01 – to be determined	
ENDURING FREEDOM	11 Sep 01 – to be determined	
IRAQI FREEDOM	29 Mar 03– 31 Aug 10	
NEW DAWN	1 Sep 2010 – 31 Dec 11	
INHERENT RESOLVE	15 Jun 14 – to be determined	
FREEDOM’S SENTINEL	1 Jan 15 – to be determined	
ODYSSEY LIGHTING	1 Aug 16 – 17 Jan17	
PACIFIC EAGLE-PHILIPPINES	5 Oct 17 - to be determined	

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the application.  Per AFMAN 36-2806, paragraph A14.11. the Global War on Terrorism Service Medal was established by Executive Order 13289, dated 12 Mar 03, to recognize the significant contributions of the members of the Armed Forces in support of designated War on Terrorism operations. The medal is awarded to members who participated in the War on Terrorism operations outside of the designated areas of eligibility for the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, and Inherent Resolve Campaign Medal on or after 11 Sep 01 to a future date to be determined.

According to 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 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.

The applicant’s active duty service from 8 Dec 78 to 24 Mar 90 are prior to the award authorized date for the Global War on Terrorism Service Medal and the Southwest Asia Service Medal. 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 1 Nov 21 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the Global War on Terrorism Service Medal.   According to AFMAN 36-2806, the Global War on Terrorism Service Medal is awarded to members who participated in the War on Terrorism operations outside of the designated areas of eligibility for the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, and Inherent Resolve Campaign Medal on or after 11 Sep 01 to a future date to be determined.  The member must have served on active duty, on or after 11 Sep 01, for a minimum of 30 consecutive or 60 non-consecutive days, not including initial accession training, or regardless of time served while on active duty, on or after 11 Sep 01, and was engaged in actual combat; or was killed, wounded, or died not due to negligence or wrongful misconduct.

The Chief of Staff of the Air Force (CSAF) authorized award of the medal to members who directly or indirectly supported the designated operations, and meet all other eligibility criteria.  Members supporting the War on Terrorism operations in a non-deployed status, whether stationed at home or overseas are eligible for the medal.  Effective 19 Jul 05, the CSAF authorized award of the medal to Air Force accessions 30 days following entry on extended active duty. 

The applicant’s official military personnel record or submission did not indicate he served in an authorized Global War on Terrorism authorized operation.  To grant relief would be contrary to DoDM 1348.33, Manual of Military Decorations and Awards and AFMAN 36-2806.

Notwithstanding the above, they were able to verify the applicant’s eligibility for the Southwest Asia Service Medal.  Accordingly, the applicant’s record will be administratively corrected following the Board.  

The complete advisory opinion is at Exhibit E.

APPLICANTS REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the revised advisory opinion to the applicant on 25 Mar 22 for comment (Exhibit F), and the applicant replied on 31 Mar 22.  In his response, the applicant refers to AFMAN 36-2806, paragraph A14.11.2.4. “Members supporting War on Terrorism operations in a non-deployed status, whether stationed at home or overseas are eligible for the medal.”  As his DD Form 214 clearly shows that he was serving on active duty during this time period, he feels he most certainly meets the eligibility criteria for the award.

The applicant’s complete response is at Exhibit G.

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 he qualifies for award of the Global War on Terrorism Service Medal simply because he was on active duty during the period of the award.  However, the Board disagrees.  According to AFMAN 36-2806, the CSAF authorized award of the medal to members who directly or indirectly supported the designated operations, and meet all other eligibility criteria.  The applicant did not provide evidence he supported any Global War on Terrorism Service Medal Approved Operations listed in Table A14.10 above. 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. 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, with the exception of the administrative correction that will be made to the applicant’s record, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2021-00880 in Executive Session on 19 May 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 21 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 31 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Nov 21.
Exhibit E:  Advisory, AFPC/DP3SP, dated 25 Mar 22.
Exhibit F:  Notification of Advisory, SAF/MRBC to applicant, dated 25 Mar 22.
Exhibit G:	Applicant’s Response, w/atch, dated 31 Mar 22.

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.