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AF | BCMR | CY2009 | BC-2008-02310
Original file (BC-2008-02310.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02310
                       INDEX CODE:  107.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  award  of  the  Southwest  Asia
Service Medal (SWASM) and the Armed Forces Service Medal (AFSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the SWASM and the AFSM  for  his  assignments  at
bases that directly supported  Operation  Desert  Shield/Desert  Storm
(ODS/DS), Operation Uphold Democracy (OUD) and  Operation  Just  Cause
(OJC).

In support of his request, the applicant provided documents  extracted
from his military records.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 Oct 75, the applicant contracted his initial enlistment  in  the
Regular Air Force.  He was progressively  promoted  to  the  grade  of
senior master sergeant having assumed that grade effective and with  a
date of rank of 1 Jul 94.  He had 1 year,  11  months  and  1  day  of
Foreign Service.  He was honorably retired on 1 Nov 99.  He served  24
years and 16 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the SWASM is awarded  to
service members who served in support of ODS or DS between  2  Aug  90
and 30 Nov 95 in one or more of the following  areas:   Persian  Gulf,
Red Sea, Gulf of Oman, Gulf of Aden, the 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; or having served in
Egypt, Israel, Turkey, Syria and Jordan (including  territorial  space
and waters) directly supporting combat operations between  17  Jan  91
and 30 Nov 95.  DPSIDR was unable to verify the applicant was deployed
to the Area of Eligibility (AOE) during ODS/DS for award of the SWASM.
 He must have served on land in one  of  the  qualifying  geographical
areas.

The AFSM is awarded to service members who after 1 Jun 92 participated
in a military operation that was deemed to be a  significant  activity
by the Joint Chief of Staff (JCS) and  encountered  no  foreign  armed
opposition or imminent threat of hostile action.  DPSIDR verified  the
applicant was deployed from his home station but was unable to  verify
where he was deployed during the time.

AFPC/DPSIDR’s complete 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  25
Jul 08, for review and response 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or an injustice to warrant  partial  relief.
In this respect, the applicant's  records  contain  the  citation  for
award of the Meritorious Service Medal which states "While deployed in
support of Operation Just Cause..."  Understanding that  this  comment
does not specifically state that he was deployed to an  area  eligible
for award of the AFSM, we believe it does establish  reasonable  doubt
in this matter and we believe the  benefit  of  any  doubt  should  be
resolved in his favor.  Regarding his request for award of  the  SWASM
and for the AFSM for service in support of Operation Uphold Democracy,
we find no substantive evidence supporting those  claims.   Therefore,
we recommend his records be corrected only  to  the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  awarded  the
Armed Forces Service Medal for his service  in  support  of  Operation
Just Cause.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2008-02310 in Executive Session on 16 Sep 08, under the provisions  of
AFI 36-2603:

                       Mr. Joseph D. Yount, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Mr. Richard K. Hartley, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A.  DD Forms 149, dated 17 Jun 08, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPSIDR, 11 Jul 08.
      Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 08.




                             JOSEPH D. YOUNT
                             Panel Chair








AFBCMR BC-2008-02310



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air Force
relating to            , be corrected to show that he was  awarded  the
Armed Forces Service Medal for his service in support of Operation Just
Cause.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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