RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  98-00775
		INDEX NUMBER:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The Kuwait Liberation Medal be added to his DD Form 214.

APPLICANT CONTENDS THAT:

He received the Kuwait Liberation Medal in September 1996 but the award was not annotated on his DD Form 214.

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

Applicant entered extended active duty on 8 March 1977.

Applicant’s Officer Performance Reports and Meritorious Service Medal(MSM)/First Oak Leaf Cluster for the period 10 July 1989 - 11 June 1992 reflect his assignment to the 34th Strategic Squadron at Zaragoza AB Spain.

Applicant retired from active duty on 31 March 1997, in the grade of Major, under the provisions of AFI 36-3203 (Maximum Service or Time in Grade).  He served 20 years and 23 days total active duty, with no lost time. 

AIR FORCE EVALUATION:

The Recognition Programs Branch, Promotions, Evaluation, & Recognition Division, HQ AFPC/DPPPRA, reviewed this application and states that the applicant has not provided any documentation to substantiate his claim even after being requested to do so.  His records do not support his claim, either.  We cannot verify he was in the Operation Desert Shield/Storm Area of Responsibility at any time during 2 August 1990 through 3 November 1995.  We cannot verify his eligibility for the Southwest Asia Service Medal, the Kuwait Liberation Medal (Saudi Arabia), or Kuwait Liberation Medal (Kuwait).  Therefore, they recommend denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that he has the Kuwait Liberation Medal, but cannot locate the citation.  He is currently an airline pilot and could not get to this matter as quickly as he liked because he is only home a few days per month.  

Applicant’s complete response, with attachments, is attached at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

The Recognition Programs Branch, Promotions, Evaluation, & Recognition Division, HQ AFPC/DPPPRA, reviewed this application and states that the applicant has provided additional documentation; specifically a RIP dated 24 March 1997, which reflects the Kuwait Liberation Medal (Kuwait).  However, he has still not provided any documentation showing he was in the Area of Responsibility.

Applicant’s records, including decoration citation and performance reports, refer to his support of Operation Desert Shield/Storm, but nothing states or refers to the fact that he was anywhere else but Spain during the period 2 August 1990 through 17 June 1992.  They note that the applicant has never stated he was in the Area of Operation, just that he was presented the medal in September 1996.  There is no citation to accompany this foreign decoration.  They also note, applicant has not claimed the Southwest Asia Service Medal with any bronze service stars, which definitely would have been authorized had he been in the Area of Responsibility.  Since the applicant has failed to state when he was supposed to have been in the Area of Responsibility, and has not provided any official documentation showing when and where he was TDY from Spain in order to earn the Kuwait Liberation Medal, we can not verify his eligibility for the Kuwait Liberation Medal (Kuwait).  Many RIPs have erroneous entries on them; that is why individuals are later required to furnish documentation to verify their eligibility for entitlement to awards and decorations listed on them.  Therefore, they recommend denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 21 September 1998, for review and response within 30 days.  As of this date, no response has been received by this office.

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.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting award of the Kuwait Liberation Medal.  We took notice of the applicant's complete submission in judging the merits of  the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Applicant’s records do not indicate any Persian Gulf awards or statements that he served in the Area of Responsibility for Operation Desert Sheld/Storm.  In order for the Board to verify eligibility for the Kuwait Liberation Medal we would need TDY orders and travel vouchers indicating he was in the Area of Responsibility in support of Operation Desert Sheld/Storm or PERSCO Statement showing the country he was TDY and the dates when he was in the country.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered this application in Executive Session on 26 January 1999, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 February 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPRA, dated 8 June 1998, w/atch.
   Exhibit D.  Letter, SAF/MIBR, dated 22 June 1998.
   Exhibit E.  Applicant’s Response, dated 6 July 1998.
   Exhibit F.  Letter, HQ AFPC/DPPPRA, dated 2 September 1998.