RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03325
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She be awarded the Southwest Asia Service Medal with one Bronze
Service Star (SWASM w/1BSS).
APPLICANT CONTENDS THAT:
She served in the theater of operations (Kuwait) from 15 Dec 99
to 10 Mar 00.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
15 Dec 94.
On 5 Jan 04, the applicant was furnished an honorable discharge,
and was credited with 9 years, 5 months, and 21 days of active
service.
On 3 Nov 14, AFPC/DPSID directed the applicants DD Form 214,
Certificate of Release or Discharge from Active Duty, dated
5 Jun 04, be corrected to reflect the following upon the Boards
final decision in this case:
a. Armed Forces Expeditionary Medal (AFEM) (Operation
SOUTHERN WATCH) and the Air Force Expeditionary Service Ribbon
with Gold Border (AFESR w/GB)
b. Change Air Force Outstanding Unit Award with 3 Bronze
OLC to read Air Force Outstanding Unit Award with one Silver
Oak Leaf Cluster (AFOUA w/1SOLC).
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 an injustice. The SWASM, authorized by Executive
Order 12754, 12 Mar 91, is awarded to members of the United
States Armed Forces who served in support of Operation DESERT
SHIELD or DESERT STORM, between the period of 2 Aug 90 and
30 Nov 95, and served in the designated qualifying area of
responsibility (AOR), which includes Kuwait, and directly
supporting combat operations between 17 Jan 91 and 30 Nov 95.
While the applicant served in Kuwait, her service was in support
of Operation SOUTHERN WATCH, not Operation DESERT SHIELD/STORM,
and took place from 15 Dec 99 to 10 Mar 00, after the qualifying
period for the SWASM. Operation DESERT STORM ended in 1995 and
transitioned into Operation SOUTHERN WATCH. However, the
applicants dates of service in Kuwait, which covers the award
inclusive dates for Operation SOUTHERN WATCH, make her eligible
for award of the AFEM. Although the applicants travel orders
say she served in support of Operation DESERT STORM, her
recommendation for award of the Air Force Achievement Medal
correctly states she was served in support of Operation SOUTHERN
WATCH and is therefore eligible for the AFEM, instead of the
SWASM.
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 23 Feb 15 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
FINDINGS AND CONCLUSIONS OF THE BOARD:
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. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting any relief beyond that rendered
administratively.
The following members of the Board considered AFBCMR Docket
Number BC-2014-03325 in Executive Session on 21 May 15, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 3 Nov 14.
Exhibit D. Letter, SAF/MRBR, dated 23 Feb 15.
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