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 applicants 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 applicants 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 applicants 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 applicants 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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