RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03109

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Award of the Korean Defense Service Medal (KDSM) (Administratively corrected) and the Kuwait Liberation Medal – Kuwait (KLM (K)).  

APPLICANT CONTENDS THAT:

He was assigned to the 4th Combat Communication Squadron 18 May 81 through 17 May 82 while stationed at Kwangju AB, South Korea, and while assigned to the 8th Mobile Aerial Port Squadron, Clark AB, Philippines, he was deployed to Dhahran International Airport, Saudi Arabia during Desert Shield from 20 Aug 90 through 17 Dec 90.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Aug 73.

From 18 Jul 81 to 7 Jul 82 the applicant was stationed at Kwang Ju, AB, Korea.

From 3 Jan 87 to 11 Jan 91 the applicant was stationed at Clark AB, Philippines.  

On 31 Dec 95, the applicant was furnished an honorable discharge, retired effective 1 Jan 96, and was credited with 22 years, 4 months, and 23 days of active service, including 10 years, 8 months, and 10 days of foreign service.  

On 14 Jan 99, AFPC/DPPPRA approved the applicant for award of the Southwest Asia Service Medal for the period 27 Sep 90 to 10 Dec 90.  However, there were no source documents (travel vouchers, TDY orders, etc.) in his records to verify where he was and the exact dates he was there.  

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/DP3SP recommends denial indicating there is no evidence of an error or an injustice warranting award of the KLM (K).  The KLM (K)is awarded to those members who served in support of Operations DESERT SHIELD and DESERT STORM between 2 Aug 90 and 31 Aug 93, in one or more of the following areas: the Arabian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west 68 degrees east longitude; Gulf of Aden; or, the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and United Arab Emirates.  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 areas designated; 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.  

After a thorough review of the applicant’s military personnel record, they were unable to locate official documentation verifying he was in the area of responsibility between the award inclusive period 2 Aug 90 and 31 Aug 93.  Although the applicant’s Senior Enlisted Performance Report (AF Form 911) covering the period 20 Aug 90 through 17 Dec 90 states “while deployed on Desert Shield to one of the largest operating bases;” the AF Form 911 does not give specific dates of deployment.  Notwithstanding the above, they were able to determine the following Air Force Medals and/or Ribbons should have been awarded during his service from 8 Aug 73 to 31 Dec 95 and were not reflected in his records:

	a. Air Force Organizational Excellence Award with on Bronze Oak Leaf Cluster (AFOEA w/1 BOLC)

	b. Air Force Outstanding Unit Award with four Bronze Oak Leaf Clusters (AFOUA w/4 BOLC).

	c. Korean Defense Service Medal (KDSM).  

Upon final Board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DP2STM.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the OPR’s recommendation to deny award of the (KLM (K)) due to the lack of official documentation verifying he was in the area of responsibility (AOR) between 2 Aug 90 and 31 Aug 93.  He argues that his Senior Enlisted Performance Report (AF Form 911) dated 20 Aug 90 through 17 Dec 90 did not list his specific location while deployed in support of Operation DESERT SHIELD because the location was still classified when the AF Form 911 was written.  In support of his response, he recalls his deployment and redeployment itineraries, and provides a memorandum from the 8th MAPS Commander during the matter in question verifying he was deployed to the air base in Dhahran, Saudi Arabia.  

A complete copy of the Applicant’s response is at Exhibit E.  

FINDINGS AND CONCLUSIONS OF THE BOARD:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case, to include his response to the Air Force Evaluation; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice warranting award of the Kuwait Liberation Medal – Kuwait (KLM (K)).  In this respect, we note the applicant’s Senior Enlisted Performance Report (AF Form 911) covering the period 20 Aug 90 through 17 Dec 90 did not give specific dates of deployment, and the typed/unsigned/unofficial memorandum of the 8th MAPS Commander (retired), do not persuade us award of the KLM (K) is warranted.  If the applicant would submit a signed/notarized memorandum from the former 8th MAPS Commander, the board would reconsider.  We note the comments of AFPC/DP3SP indicating they were able to verify and confirm the Air Force Organizational Excellence Award with on Bronze Oak Leaf Cluster (AFOEA w/1 BOLC), Air Force Outstanding Unit Award with four Bronze Oak Leaf Clusters (AFOUA w/4 BOLC), Korean Defense Service Medal (KDSM) should have been awarded for his service from 8 Aug 73 to 31 Dec 95 and were not reflected in his records, and that upon final Board decision, administrative correction of the applicant’s official military personnel record will be completed reflecting the aforementioned awards.  In view of the above, and in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-03109 in Executive Session on 19 May 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03109 was considered:

	Exhibit A.  DD Form 149, dated 28 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSIP, dated 25 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 16.
	Exhibit E.  Letter, Applicant, dated 21 Mar 16, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.