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AF | BCMR | CY2009 | BC-2008-01920
Original file (BC-2008-01920.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01920
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to the Southwest Asia
Service Medal (SWASM) in support of Operation DESERT SHIELD/STORM.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to his retirement he was not aware  that  he  was  eligible  for
award of the SWASM and upon separation, his DD Form  214,  Certificate
of Release or Discharge from Active Duty, did not reflect this award.

In support of his request, the applicant submits a copy of his DD Form
214, and copies of his AF Form 911, Senior Enlisted Performance Report
(EPR).

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 28 Feb  73,  for  a
term of four years.  He was progressively promoted  to  the  grade  of
senior master sergeant and retired in that grade after serving a total
of 23 years and 3 days active duty service.

His DD 214 indicates award of the Air Force Good  Conduct  Medal,  the
Air Force Commendation Medal w/2 Oak Leaf Clusters  (OLC),  the  Joint
Service Commendation Medal, the Meritorious Service Medal w/1 OLC, and
the National Defense Service Medal w/1 OLC.

The SWASM is awarded to service  members  who  served  in  support  of
Operations DESERT SHIELD, DESERT STORM, or DESERT CALM  from  2 Aug 90
through 30 Nov 95 in one or more of the following areas: 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 lead  areas of  Iraq,  Kuwait,  Saudi  Arabia,
Oman, Bahrain, Qatar, and the United  Arab  Emirates;  or  individuals
serving  in  Egypt,  Israel,  Turkey,  Syria,  and  Jordan  (including
territorial airspace and waters) directly supporting combat operations
between 17 Jan 91 and 30 Nov 95.  In a TDY capacity, the  member  must
have served 30 consecutive or 60 nonconsecutive days in the  specified
areas.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, that after a review
of the applicant’s military records and available resources, including
the Air Force Personnel Center Directorate  of  Assignment  (AFPC/DOS)
Office, they were unable to verify his eligibility for the SWASM.

He provides an EPR indicating he was stationed  at  Aviano  Air  Base,
Italy, which is not an area to be awarded the SWASM  as  specified  in
the criteria.

The applicant was asked to provide  verification  that  he  served  in
Saudi Arabia and he did not respond to that request. (Exhibit B)

The AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Sep 08, for review and comment within 30 days.  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 an error or injustice.  The evidence of record  could
not  sufficiently  establish  the  applicant  meets  the   established
criteria for award of the SWASM.  We took notice  of  the  applicant’s
complete submission in judging the merits of  the  case,  however;  we
agree with the opinion and recommendation of the Air Force  office  of
primary responsibility and adopt its rationale as the  basis  for  our
conclusion the applicant has not  been  the  victim  of  an  error  or
injustice.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

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  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 Docket  Number  BC-2008-
01920 in Executive Session on 11 Feb 09, under the provisions  of  AFI
36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Ms. Debra M. Czajkowski, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 16 May 08, w/atchs.
      Exhibit B.       Applicant’s Master Personnel Record.
      Exhibit C. Letter, AFPC/DPSIDR, dated 10 Sep 08.
      Exhibit D. Letter, SAF/MRBR, dated 19 Sep 08.





      MICHAEL J. NOVEL
      Panel Chair


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