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AF | BCMR | CY2014 | BC 2014 00665
Original file (BC 2014 00665.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 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 applicant’s records revealed that the applicant should have 
been awarded the NDSM and his records will be administratively 
corrected upon the Board’s decision on the applicant’s 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 applicant’s records contain no documentation 
substantiating the applicant’s 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 applicant’s 
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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