RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02870 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. He be entitled to ribbons for his participation during Operations DESERT STORM and DESERT SHIELD. 2. He be entitled to the Outstanding Airman of the Year Ribbon. APPLICANT CONTENDS THAT: He has documents which prove that he is entitled to the aforementioned ribbons. The Board should find it in the interest of justice to consider his untimely application because he was never told that he was entitled to the aforesaid ribbons. In support of his requests, the applicant provides a personal statement and various other documents related to his requests. His complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to DD Form 4, Enlistment/Reenlistment Document, Armed Forces of the United States, dated 23 July 1984, the applicant enlisted in the Air Force Reserve. According to Reserve Order CA-013434 dated 9 March 1996, the applicant was relieved from the Nonobligated Nonparticipating Ready Personnel Section (NNRPS) and honorably discharged from the Air Force Reserve effective 1 March 1996. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. On 28 February 2008, the applicant queried DPSID regarding his entitlement to awards for his participation in Operations DESERT STORM/DESERT SHIELD. While DPSID was able to verify the applicant was on active duty from 2 September 1990 through 11 March 1991, they advised the applicant that they were unable to verify he was assigned to the area of eligibility and invited the applicant to provide documents to support his request. However, he did respond to their request. The SWASM, authorized by Executive Order 12754, is awarded to members of the United States Armed Forces who served in support of Operations DESERT SHIELD, DESERT STORM, PROVIDE COMFORT, and the Cease Fire Campaign in one or more of the following areas from 2 August 1990 through 30 November 1995: Persian Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, and the land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates. Individuals serving in Egypt, Israel, Turkey, Syria and Jordan (including territorial airspace and water) directly supporting combat operations between 17 January 1991 and 30 November 1995 shall also be eligible for the SWASM. To be eligible, a service member must: be permanently assigned, attached, or detailed for one or more days with an organization participating in ground and/or shore (military) operations; be permanently assigned, attached, or detailed for one or more days aboard a naval vessel directly supporting military operations; have actually participated as a crew member in one or more aerial flights directly supporting military operations in the qualifying area of eligibility; or have served on temporary duty for 30 consecutive days or 60 non-consecutive days. Those time limitations may be waived for people participating in actual combat operations. The Kuwait Liberation Medal-Saudi Arabia is awarded to those members who participated in Operation DESERT STORM, and the Liberation of Kuwait. To be eligible for this award, military personnel must have been served between 17 January 1991 and 28 February 1991, in one of more of the following areas: the Persian Gulf, Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; Gulf of Aden, or, the total land area of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and United Arab Emirates The Kuwait Liberation Medal-Kuwait is awarded to those members who participated in Operations DESERT SHIELD/DESERT STORM, and the Liberation of Kuwait. To be eligible for this award, military personnel must have served between 2 August 1990 and 31 August 1993, in one or more of the following areas: the Persian Gulf, Red Sea, Gulf of Oman, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; Gulf of Aden or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates. DPSID is unable to verify award of the Southwest Asia Service Medal, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait. DPSID located a certificate of appreciation for outstanding support of Operation DESERT SHIELD/STORM; however, it appears to be a base level award and not recognition for being in the area of eligibility. In addition, DPSID is not able to locate any other documentation verifying the applicant was in the area of eligibility; therefore, he is ineligible for award of the aforementioned awards. The Outstanding Airman of the Year Ribbon is awarded to Airmen competing at Air Force level in the 12 Outstanding Airmen of the Year Program. The award is retroactive to those Airmen who meet the requirements as of June 1970. Each airman nominated to the Air Force-level competition receives the Outstanding Airman of the Year Ribbon. AFPC/DPSIDR sends a letter to the nominees' respective major command, field operating agency, or direct reporting unit as well as to Automated Records Management System for file in member's electronic records. The letter is the source document indicating those individuals listed in the letter are authorized to wear the Outstanding Airman of the Year Ribbon. While DPSID is able to verify the applicant was nominated for the Outstanding Airman of the Year at the base level, there is no documentation showing he was nominated at the Air Force level, rendering him ineligible for the award. To grant relief would be would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. The complete DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 25 March 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36- 2603. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered this application in Executive Session on 9 June 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02870 was considered: Exhibit A. DD Form 149, dated 11 July 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit B. Letter, AFPC/DPSID, dated 14 October 2014. Exhibit C. Letter, SAF/MRBR, dated 25 March 2015.