RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02451
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Southwest Asia
Service Medal (SWASM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Department of Defense Manual (DoDM) 1348.33-Volume 2, Section
1(d) states the SWASM is not authorized for those who supported
from home, European or Pacific bases. He did neither.
He was assigned at Howard AFB, Panama, which was under Southern
Command which was directed by Central Command. His unit was a
staging area after Operation JUST CAUSE, for the build up of
forces during DESERT SHIELD/DESERT STORM.
His DD Form 214 states that he Served from 2 Aug 90 to 30 Sep
95, in support of Operation DESERT SHIELD/STORM/CALM.
He was made aware during pre-retirement planning that In support
of was interpreted by one human resource member as creditable
service, and by another as not creditable service. He always
thought he had the medal or the credit for in-theater service.
He received the credit 3 years ago, and now he is going to lose
it.
In support of his request, the applicant provides an excerpt of
DoDM 1348.33-V2, his Department of Veterans Affairs (DVA) Rating
Decision, and a SF Form 613, Verification of a Military Retirees
Service in Non-Wartime Campaigns or Expeditions.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 10 Jul 75 to 30 Sep 95.
His DD Form 214 reflects he was retired in the grade of technical
sergeant (E-6) effective 30 Sep 95, after serving 20 years,
2 months, and 21 days on active duty, with 5 years, 10 months,
and 25 days being Foreign Service.
For award of the SWASM; individuals must have served in support
of Operations DESERT SHIELD, DESERT STORM, PROVIDE COMFORT, or
the Cease Fire Campaign in one or more of the areas of
responsibility (AORs) from 2 Aug 90 to 30 Nov 95: the Persian
Gulf, Red Sea, Gulf of Oman, Gulf of Aden, that portion of the
Arabian Sea that lies north of 10 N. latitude and west 68 E.
longitude, as well as the total land areas of Iraq, Kuwait, Saudi
Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.
Individuals serving in Israel, Egypt, Turkey, Syria and Jordan
(including the airspace and territorial waters) directly
supporting combat operations from 17 Jan 91 to 30 Nov 95 shall
also be eligible for award of the SWASM. To be eligible, a
service member must be: 1) attached to or regularly serving for
one or more days with an organization participating in ground
and/or shore (military) operations; 2) attached to or regularly
serving for one or more days aboard a naval vessel directly
supporting military operations; 3) actually participating as a
crew member in one or more aerial flights directly supporting
military operations in the AOR; or 4) serving on temporary duty
for 30 consecutive or 60 nonconsecutive days. Those time
limitations may be waived for people participating in actual
combat operations. The SWASM is not authorized for award to
those service members who performed service from home during the
Gulf War, such as support personnel in the United States. The
SWASM is also not authorized for those who supported the Gulf War
from European or Pacific bases.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states they were unable
to locate any official documentation to verify the applicant
deployed to the AOR in direct support of the Gulf War during
the award inclusive period in order to be entitled to the SWASM.
Service in Panama is not considered to be within the AOR.
The complete DPSIDRA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his earlier contentions and states since
Howard AFB, Panama was neither a Pacific nor a European base, how
does DoDM 1348.33-V2 apply. Howard AFB was not under Southern
Command, but was a staging/pre-deployment area for Central
Command for Operation Desert Shield/Storm. His quest for
entitlement is directed by his Human Resource Offices request to
validate military service for annual leave purposes. After a
change in the wording and language about service medals, many
agencies performed a review to see who was and who was not
eligible for the additional hours.
The applicants complete response is at Exhibit D.
_________________________________________________________________
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 to include his rebuttal
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 that the applicant has not been the victim of an
error or injustice. We note the applicants contention that he
was assigned at Howard AFB, Panama, which was a staging area
after Operation JUST CAUSE, for the build up of forces during
DESERT SHIELD/DESERT STORM; however, service at this location
does not qualify him for award of the SWASM. Therefore, we find
no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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-2011-02451 in Executive Session on 13 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-02451 was considered:
Exhibit A. DD Form 149, dated 28 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 4 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 19 Aug 11.
Exhibit E. Letter, Applicant, dated 12 Sep 11.
Panel Chair
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