RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER: BC-2014-02870

XXXXXXXXXX		COUNSEL: NONE

			HEARING DESIRED: YES



APPLICANT REQUESTS THAT:

1.  He be entitled to ribbons for his participation during 
Operations DESERT STORM and DESERT SHIELD.

2.  He be entitled to the Outstanding Airman of the Year Ribbon.


APPLICANT CONTENDS THAT:

He has documents which prove that he is entitled to the 
aforementioned ribbons.

The Board should find it in the interest of justice to consider 
his untimely application because he was never told that he was 
entitled to the aforesaid ribbons.

In support of his requests, the applicant provides a personal 
statement and various other documents related to his requests.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

According to DD Form 4, Enlistment/Reenlistment Document, Armed 
Forces of the United States, dated 23 July 1984, the applicant 
enlisted in the Air Force Reserve.

According to Reserve Order CA-013434 dated 9 March 1996, the 
applicant was relieved from the Nonobligated Nonparticipating 
Ready Personnel Section (NNRPS) and honorably discharged from 
the Air Force Reserve effective 1 March 1996.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  On 28 February 2008, the 
applicant queried DPSID regarding his entitlement to awards for 
his participation in Operations DESERT STORM/DESERT SHIELD. 
While DPSID was able to verify the applicant was on active duty 
from 2 September 1990 through 11 March 1991, they advised the 
applicant that they were unable to verify he was assigned to the 
area of eligibility and invited the applicant to provide 
documents to support his request.  However, he did respond to 
their request.

The SWASM, authorized by Executive Order 12754, is awarded to 
members of the United States Armed Forces who served in support 
of Operations DESERT SHIELD, DESERT STORM, PROVIDE COMFORT, and 
the Cease Fire Campaign in one or more of the following areas 
from 2 August 1990 through 30 November 1995:  Persian Gulf, Red 
Sea, Gulf of Oman, Gulf of Aden, that portion of the Arabian Sea 
that lies north of 10 degrees north latitude and west of 
68 degrees east longitude, and the land areas of Iraq, Kuwait, 
Saudi Arabia, Oman, Bahrain, Qatar and the United Arab Emirates. 
Individuals serving in Egypt, Israel, Turkey, Syria and Jordan 
(including territorial airspace and water) directly supporting 
combat operations between 17 January 1991 and 30 November 
1995 shall also be eligible for the SWASM.  To be eligible, a 
service member must:  be permanently assigned, attached, or 
detailed for one or more days with an organization participating 
in ground and/or shore (military) operations; be permanently 
assigned, attached, or detailed for one or more days aboard a 
naval vessel directly supporting military operations; have 
actually participated as a crew member in one or more aerial 
flights directly supporting military operations in the 
qualifying area of eligibility; or have served on temporary duty 
for 30 consecutive days or 60 non-consecutive days.  Those time 
limitations may be waived for people participating in actual 
combat operations.

The Kuwait Liberation Medal-Saudi Arabia is awarded to those 
members who participated in Operation DESERT STORM, and the 
Liberation of Kuwait.  To be eligible for this award, military 
personnel must have been served between 17 January 1991 and 
28 February 1991, in one of more of the following areas: the 
Persian Gulf, Red Sea; Gulf of Oman; that portion of the Arabian 
Sea that lies north of 10 degrees north latitude and west of 
68 degrees east longitude; Gulf of Aden, or, the total land area 
of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar and United 
Arab Emirates

The Kuwait Liberation Medal-Kuwait is awarded to those members 
who participated in Operations DESERT SHIELD/DESERT STORM, and 
the Liberation of Kuwait.  To be eligible for this award, 
military personnel must have served between 2 August 1990 and 
31 August 1993, in one or more of the following areas:  the 
Persian Gulf, Red Sea, Gulf of Oman, that portion of the Arabian 
Sea that lies north of 10 degrees north latitude and west of 
68 degrees east longitude; Gulf of Aden or the total land areas 
of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United 
Arab Emirates.

DPSID is unable to verify award of the Southwest Asia Service 
Medal, Kuwait Liberation Medal-Saudi Arabia, and the Kuwait 
Liberation Medal-Kuwait.  DPSID located a certificate of 
appreciation for outstanding support of Operation DESERT 
SHIELD/STORM; however, it appears to be a base level award and 
not recognition for being in the area of eligibility.  In 
addition, DPSID is not able to locate any other documentation 
verifying the applicant was in the area of eligibility; 
therefore, he is ineligible for award of the aforementioned 
awards.

The Outstanding Airman of the Year Ribbon is awarded to Airmen 
competing at Air Force level in the 12 Outstanding Airmen of the 
Year Program.  The award is retroactive to those Airmen who meet 
the requirements as of June 1970.  Each airman nominated to the 
Air Force-level competition receives the Outstanding Airman of 
the Year Ribbon.  AFPC/DPSIDR sends a letter to the nominees' 
respective major command, field operating agency, or direct 
reporting unit as well as to Automated Records Management System 
for file in member's electronic records.  The letter is the 
source document indicating those individuals listed in the 
letter are authorized to wear the Outstanding Airman of the Year 
Ribbon.  While DPSID is able to verify the applicant was 
nominated for the Outstanding Airman of the Year at the base 
level, there is no documentation showing he was nominated at the 
Air Force level, rendering him ineligible for the award.

To grant relief would be would be contrary to the criteria 
established by DoDM 1348.33, Manual of Military Decorations and 
Awards, the Secretary of the Air Force, Chief of Staff, and/or 
the War Department.

The complete DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 25 March 2015, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit D).


FINDINGS AND CONCLUSIONS OF THE BOARD:

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

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.


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 this application 
in Executive Session on 9 June 2015, under the provisions of AFI 
36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02870 was considered:

      Exhibit A.  DD Form 149, dated 11 July 2014, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit B.  Letter, AFPC/DPSID, dated 14 October 2014.
      Exhibit C.  Letter, SAF/MRBR, dated 25 March 2015.