RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02737
				INDEX CODE:  107.00
				COUNSEL:  NONE
				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Kuwait Liberation Medal, Kingdom of Saudi Arabia (KLM-SA).

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APPLICANT CONTENDS THAT:

He was present in Riyadh, Saudi Arabia from 13 Oct 90 through 19 Oct 90 in support of Operation Desert Shield.

In support of his request, the applicant provided copies of his DD Forms 214 and a personal statement.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 4 Sep 84, the applicant entered active duty in the Regular Air Force.  He was progressively promoted to the grade of lieutenant colonel having assumed the grade effective and with a date of rank of 5 May 01.  He was honorably retired on 1 Jun 07.  He served 20 years, 4 months and 18 days on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states service members are eligible for the KLM-SA if they served in support of Operation Desert Storm between 17 Jan 91 and 28 Feb 91, 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 the United Emirates.  It has been verified the applicant was in Saudi Arabia from 13 Oct 90 to 19 Oct 90.  Therefore he is ineligible for the KLM-SA due to the fact that he was in Saudi Arabia prior to the awarding dates for the award.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 29 Aug 08, for review and response within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice.  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 office of primary responsibility and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

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The following members of the Board considered AFBCMR Docket Number BC-2008-02737 in Executive Session on 2 Oct 08, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02737 was considered:

	Exhibit A.	DD Form 149, dated 15 Aug 08, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPSIDR, dated 7 Aug 08.
	Exhibit D.	Letter, SAF/MRBR, dated 29 Aug 08.

					
					Panel Chair