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AF | BCMR | CY2004 | BC-2004-02010
Original file (BC-2004-02010.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02010
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect award of  the  Southwest  Asia
Service Medal (SWASM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the SWASM and it does not appear on his  DD  Form  214.
He would like the medal added to his DD Form  214  to  receive  combat
campaign credit.

Applicant's complete submission, with an attachments, is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF)  on  12 August
1993, as an airman basic (AB) for a period of six years.

His DD Form 214 reflects  he  was  awarded  the  Air  Force  Longevity
Service Award  Ribbon,  Air  Force  Training  Ribbon,  Noncommissioned
Office (NCO) Professional  Military  Education  Graduate  Ribbon,  Air
Force Outstanding Unit Award (AFOUA) with one Oak Leaf  Cluster  (OLC)
and the Air Force Good Conduct Medal (AFGCM).

On 14 July 2004, HQ AFPC/DPPRA verified the applicant was on temporary
duty (TDY) in Saudi Arabia in support of Operation Southern Watch from
9  November  1995  through  4  December  1995.    His   records   were
administratively corrected to reflect 26 days of Foreign Service.

The applicant was honorably released from  active  duty  on  11 August
1999.  He served 6 years of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states the Department of Defense  (DoD)  Manual  1348.33
dated September 1996, states eligibility requirements  for  the  SWASM
are the servicemember must have served in support of Operation  DESERT
SHIELD/DESERT STORM from 2 August 1990 through 30  November  1995,  in
one or more of the following areas:  the Persian Gulf, Red  Sea,  Gulf
of Oman, 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.  Also,  Israel,  Egypt,  Turkey,  Syria  and
Jordan  (including  the  airspace  and  territorial  waters)  directly
supporting combat operations from 17 January 1991 to 30 November 1995.
 In addition, the servicemember  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 abroad 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; serving on temporary duty for  30  consecutive
or 60 nonconsecutive days.  Those time limitations may be  waived  for
people participating in actual combat operations.

AFPC/DPPPR recommends the  requested  relief  be  denied  based.   The
applicant was TDY in Saudi Arabia for 26 days and  did  not  meet  the
time limitation required for award of the SWASM.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1
October 2004, for review and response.  As of this date,  no  response
has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, there is no proof contained therein that applicant  qualified
for the  Southwest  Asia  Service  Medal  (SWASM).   In  order  for  a
servicemember to receive the Southwest  Asia  Service  Medal  (SWASM),
they must have served in an Area of Eligibility for  a  period  of  30
consecutive or 60 nonconsecutive  days  in  one  of  three  campaigns:
Defense  of  Saudi  Arabia  (August  2,  1990  -  January  16,  1991),
Liberation and Defense of Kuwait (January 17, 1991 - April 11,  1991),
or Southwest Asia Cease Fire (April 12, 1991  -  November  30,  1995).
The Board notes the time period 14 Sep -22 Dec 95 on applicant’s SWASM
citation from the 4409th Operations Group, but there  is  an  apparent
conflict with a DFAS record that shows  temporary  duty  by  applicant
from only 9 Nov 95 to 4  Dec  95.  If  applicant  supported  Operation
SOUTHERN WATCH for the full  period  on  the  citation,  he  would  be
entitled to the SWASM, since 78 days of that period would qualify.  On
the other hand, if the DFAS record is correct,  applicant  would  have
only 22 days of qualifying service, which is insufficient to award him
the  SWASM.   The  Board  notes  eligibility  for  the  Armed   Forces
Expeditionary Medal began 1 Dec 95, but both pieces of  evidence  show
applicant lacks qualifying service for that medal. Telephonic  contact
with the applicant failed to produce  additional  documentation.   The
Board notes the applicant’s records will be administratively corrected
to show 26 days of foreign service.   While  at  present  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application, we would  be  willing  to  reconsider  this  denial  upon
receipt of additional  proof  (e.g.,  travel  orders,  travel  claims,
letters home) that applicant was in theater for 30 consecutive days or
60 nonconsecutive days.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02010 in Executive Session on 4  November  2004  and  2  December
2004, under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Jun 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 21 Sep 04.
      Exhibit D. Letter, SAF/MRBR, dated 1 Oct 04.




                       ROBERT S. BOYD
                       Panel Chair
-----------------------
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