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AF | BCMR | CY2013 | BC 2013 05623
Original file (BC 2013 05623.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05623

					COUNSEL:  NONE

		HEARING DESIRED:  NONE



APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge From Active 
Duty, be corrected to reflect award of the Southwest Asia 
Service Medal (SWASM).


APPLICANT CONTENDS THAT:

His DD FM 214 does not reflect he was deployed to Southwest Asia 
in support of Operation DESERT SHIELD.  He was deployed from 
Torrejon AB, Spain to Qatar from Aug 90 to Jan 91.  He needs 
proof of receiving the SWASM to receive benefits from the 
Veterans Bonus Program.

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


STATEMENT OF FACTS:

On 7 Sep 88, the applicant commenced his enlistment in the 
Regular Air Force.

The applicant’s performance report rendered for the period 
7 May 90 through 3 Dec 90 reflects he was deployed in support of 
Operation DESERT SHIELD.

On 15 Jan 14, AFPC/DPAPP notified the applicant that his boots 
on ground foreign service in Torrejon, Spain had been verified 
for 1 year, 11 months, and 12 days.  Also, while assigned to 
Spain he was deployed in support of Operation DESERT SHIELD; 
however, the location or the amount of time for the deployment 
could not be verified and specific locations are not annotated 
on the DD Form 214.  Lastly, his foreign service listed on his 
DD Form 214 is correct. 

The SWASM is awarded to service members of the U. S. armed 
forces who served in support of Operations DESERT SHIELD or 
DESERT STORM in one or more of the areas of responsibility (AOR) 
from 2 Aug 90 and 30 Nov 95 in one or more of the following 
areas:  Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and the 
United Emirates.  Individuals also serving in Israel, Egypt, 
Turkey, Syria and Jordan, to include the airspace and 
territorial waters, in direct support of combat operations from 
17 Jan 91 through 30 Nov 95 are eligible for award of the SWASM. 
Service members are eligible for the SWASM if they were 
permanently assigned, attached, or detailed 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 in the area of eligibility (AOE), or serving on 
temporary duty for 30 consecutive or 60 nonconsecutive days.

The remaining relevant facts pertaining to this application are 
contained in the memorandum prepared by the Air Force office of 
primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or injustice.  DPSID was unable to verify the applicant 
was deployed to an AOE for award of the SWASM.  While it was 
verified the applicant was deployed in support of Operation 
DESERT SHIELD, a specific location or number of days could not 
be verified.  

A complete copy of the AFPC/DPSID 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 21 Jul 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


FINDINGS AND CONCLUSIONS:

After careful consideration of applicant’s request and the 
available evidence of record, we find the application untimely.  
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.  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.  


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 AFBCMR Docket 
Number BC-2013-05623 in Executive Session on 4 Nov 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 30 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 15 Jan 14.
Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 14.

						







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