RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00665
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended to reflect the following awards:
1. Southwest Asia Service Medal (SWASM).
2. National Defense Service Medal (NDSM). (Administratively
resolved)
APPLICANT CONTENDS THAT:
He served during Operations DESERT SHIELD/DESERT STORM and
preformed military duties in the countries of , from
August 1990 to October 1990, authorizing him Southwest Asia
Service Medal (SWASM) and the National Defense Service Medal (NDSM).
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant commenced his service in the Regular Air Force on
11 Sep 80.
According to documentation provided by the applicant, his name
is listed on group special mission travel orders from to
and return to , with a proceed date of 12 Aug 90 for a
period of 90 days.
From 12 Aug 90 to 28 Sep 90, according to information obtained
from Defense Finance and Accounting Service (DFAS), the
applicant received Family Separation Pay (FSA), Type II,
indicating he was on temporary duty (TDY) away from the
permanent station continuously for more than 30 days, and his
dependents were not residing at or near the TDY station.
On 15 Nov 90, the applicant was honorably discharged at the
completion of his required active service and credited with ten
years, two months, and four days active service; which included
three years and two months of foreign service.
The remaining relevant facts pertaining to this application are
described in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial of the applicants request for the
SWASM, indicating there is no evidence of an error or injustice.
The SWASM is awarded to service members of the U. S. armed
forces who served in support of Operations DESERT SHIELD or
DESERT STORM 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 Arab 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.
While it is more likely than not the applicant did deploy, there
is no official documentation in the applicant's record, nor was
any provided, to verify a location to show he was in direct
support of operations within the designated area of eligibility
for 30 consecutive days or for 60 non-consecutive days or was
engaged in combat during an armed engagement in support of
Operations DESERT SHIELD/DESERT STORM. To grant relief would be
contrary to the eligibility criteria established by DoDM
1348.33, Secretary of the Air Force, Chief of Staff, and/or the
War Department. As for his request for the NDSM, a review of
the applicants records revealed that the applicant should have
been awarded the NDSM and his records will be administratively
corrected upon the Boards decision on the applicants request
for the SWASM.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted copies of his pre-deployment vaccination
records and a copy of his Sep 90 Leave and Earning Statement
(LES) authorizing him Hostile Fire Pay (HFP) as evidence of the
fact he did deploy to a combat zone. He has no reason to lie
about this as doing so would be in violation of the stolen valor
act. Additionally, while he acknowledges it is his
responsibility to provide evidence to substantiate his claim,
the fact that he cannot access the records of the other
personnel he deployed with, precludes him from doing so.
However, it would only take a moment [for the Board] to pull
several of the records of other personnel that deployed with him
to further prove his claim.
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 injustice. While we note the
comments of AFPC/DPSID indicating that relief should be denied
because the applicants records contain no documentation
substantiating the applicants contention that he was deployed
to a location to qualify for the SWASM, we believe a
preponderance of the evidence substantiates that corrective
action is warranted. In this respect, we note the applicant has
provided a copy of his LES, identifying HFP was paid during the
time period in question. Further, in light of the fact
information obtained from DFAS identifies FSA was paid during
the same time period as HFP, we believe the evidence is
sufficient to conclude the applicant deployed to the designated
area of responsibility for at least 30 days, thus qualifying him
for award of the SWASM. We note that AFPC/DPSID has determined
that the applicant should have been entitled to the National
Defense Service Medal (NDSM) and will correct his records
administratively. Therefore, we recommend the applicants
records be corrected to the extent indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he was
awarded the Southwest Asia Service Medal (SWASM).
The following members of the Board considered AFBCMR Docket
Number BC-2014-00665 in Executive Session on 2 Dec 14 under the
provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00665 was considered:
Exhibit A. DD Form 149, dated 11 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 11 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
Exhibit E. Letter, Applicant, dated 1 Aug 14.
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