RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03832

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was awarded the Kuwait Liberation Medal.

APPLICANT CONTENDS THAT:

The Kuwait Liberation Medal is not listed on his DD Form 214.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Jul 85.

On 20 Dec 90, the applicant was furnished an honorable discharge, and was credited with 5 years, 4 months, and 26 days of active service, including 4 years, and 22 Days of foreign service. 

On 28 Nov 07, the applicant received a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, correcting his DD Form 214 issued 20 Dec 90, by adding the Air Force Outstanding Unit Award w/1 Oak Leaf Cluster, and the National Defense Service Medal.    

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 Kuwait Liberation Medal-Kuwait or the Kuwait Liberation Medal-Saudi Arabia.  

The Kuwait Liberation Medal-Kuwait 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.

The Kuwait Liberation Medal-Saudi Arabia is awarded to those members who 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 area of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the 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 during this period.  That time limitation may be waived for people participating in actual combat operations.  
After a thorough review of the applicant's official military personnel record, they were unable to verify award of the Kuwait Liberation Medal-Kuwait or the Kuwait Liberation Medal­ Saudi Arabia.  They were unable to verify the applicant deployed in support of Operation DESERT SHIELD or Operation DESERT STORM. They were unable to locate official documentation, nor was any provided, verifying the applicant was in the area of eligibility for award of the Kuwait Liberation Medal-Kuwait or the Kuwait Liberation Medal-Saudi Arabia.  

A complete copy of the AFPC/DP3SP 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 29 Apr 16 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:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

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 AFBCMR Docket Number BC-2015-03832 in Executive Session on 21 Jul 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03832 was considered:

	Exhibit A.  DD Form 149, dated 4 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Apr 16.