RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-04378

XXXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

1.  He be awarded the Kuwait Liberation Medal-Kuwait.

2.  He be awarded the Navy Expert Pistol Medal.

APPLICANT CONTENDS THAT:

He received the Kuwait Liberation Medal-Saudi Arabia and the Southwest Asia Service Medal in support of Operation DESERT STORM, which are indicated on his DD Form 214, Certificate of Release or Discharge from Active Duty.  He should have simultaneously received the Kuwait Liberation Medal-Kuwait.  However, due to the large of amount of discharges that were processed during this period, the Kuwait Liberation Medal-Kuwait was inadvertently excluded.  In addition, although the Navy Expert Rifle Medal is indicated on the DD Form 214, he also qualified for the Navy Expert Pistol Medal; however, it is also not reflected 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 6 March 1986.

The Southwest Asia Service Medal is awarded to all members of the Armed Forces of the United States who served in support of Operation DESERT SHIELD or DESERT STORM in one or more of the following areas from 2 August 1990 through 30 November 1995: The Persian Gulf, the Red Sea, the Gulf of Oman, the Gulf of Aden, that portion of the Arabian Sea that lies north of 100 N. latitude and west 680 E. longitude, as well as the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.  A bronze service star will be awarded for participation in each Southwest Asia Service Medal designated campaign: Defense of Saudi Arabia [2 August 1990-16 January 1991]; Liberation and Defense of Kuwait [17 January 1991-11 April 1991]; and Southwest Asia Cease Fire Campaign [12 April 1991-30 November 1995]

The Kuwait Liberation Medal-Saudi Arabia was authorized by the Government of Saudi Arabia to members of the Coalition Forces who participated in Operation DESERT STORM and the liberation of Kuwait.  To be eligible for this award, personnel must have served in the area of responsibility between 17 January 1991 and 28 February 1991.  On 7 October 1991, the Deputy Secretary of Defense authorized the acceptance and wear of the Kuwait Liberation Medal-Saudi Arabia by members of the Armed Forces of the United States.

The Kuwait Liberation Medal-Kuwait was authorized by the government of Kuwait to members of the United States military who participated in Operations DESERT SHIELD, DESERT STORM, and the liberation of Kuwait.  To be eligible for this award, personnel must have served in the area of responsibility between 2 August 1990 and 31 August 1993.  On 16 March 1995, the Secretary of Defense authorized the acceptance and wear of the Kuwait Liberation Medal-Kuwait by members of the Armed Forces of the United States.

On 3 March 1996, the applicant was furnished an honorable discharge, and was credited with 9 years, 11 months, and 28 days of active service.  His DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized [All periods of service]) indicates the Navy Expert Rifle Medal, the Southwest Asia Service Medal with one Bronze Service Star, and the Kuwait Liberation Medal.  The DD Form 214 also indicates the applicant served from 2 August [1990] to 3 March 1996 in support of Operation DESERT SHIELD/STORM, and served in the DESERT SHIELD/STORM area of responsibility.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the applicant’s request for award of the Navy Expert Pistol Medal. After a thorough review of the applicant's official military personnel record, they are unable to verify award of the Navy Expert Pistol Medal. Furthermore, this award is issued by the United States Navy.

AFPC/DP3SP recommends the Board make a determination based on the merits regarding award of the Kuwait Liberation Medal-Kuwait.  The Kuwait Liberation Medal-Kuwait is awarded to those members who served in support of Operation DESERT SHIELD/STORM  between 2 August 1990 and 31 August 1993, 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.

While it appears more likely than not that the applicant served in the area of responsibility in direct support of Operation DESERT SHIELD/STORM in order for him to have been previously awarded the Southwest Asia Service Medal with one Bronze Service Star and the Kuwait Liberation Medal, there is nothing in his official military personnel record to support he served in the area of responsibility in direct support of Operation DESERT SHIELD/STORM during the period 2 August 1990 to 31 August 1993.  The only mention of Foreign Service found in the applicant's official military record was his assignment to Greece.  The applicant's AF Form 910, Enlisted Performance Report, for the period 3  March 1990 through 8 May 1991, states “Outstanding North Atlantic Treaty Organization Intrusion Detection Systems operator during Operations DESERT SHIELD/DESERT STORM,” but does not state the applicant deployed from Greece to the area of responsibility.

AFPC/DP3SP was able to verify the applicant’s eligibility for the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters, and the Nuclear Deterrence Operations Service Medal with “N” device.  Upon final Board decision, administrative correction of the applicant’s official military personnel records will be completed by AFPC/DP2STM.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates that he should be awarded the Kuwait Liberation Medal.  In further support of his request the applicant provides copies of his AF Forms 910, a certificate for outstanding support from the deployed commander (Saudi Arabia) and various other documents related to his appeal.

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

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

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 and do not find that it supports a determination that the Navy Expert Pistol Medal should be added to his records.  Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof of either an error or an injustice.  Accordingly, we find no basis to grant the relief sought in this portion of his application.

4.  Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  Having carefully reviewed this application, we believe a preponderance of the evidence substantiates that the applicant should be awarded the Kuwait Liberation Medal-Kuwait.  The OPR concedes that in order for the applicant to have previously been awarded the Southwest Asia Service Medal and the Kuwait Liberation Medal [Saudi Arabia], it appears more likely than not he served in the area of responsibility in direct support of Operations DESERT SHIELD/STORM.  We agree with their assessment, especially given that the applicant’s DD Form 214 indicates he served in the DESERT SHIELD/STORM area of responsibility.  We further note the Kuwait Liberation Medal currently reflected on the applicant’s DD Form 214 does not specify whether it is for Kuwait or Saudi Arabia.  The Secretary of Defense first authorized acceptance and wear of the Kuwait Liberation Medal-Saudi Arabia by members of the Armed Forces of the United States in 1991.  It was not until 1995 that the Secretary of Defense authorized the acceptance and wear of the Kuwait Liberation Medal-Kuwait by members of the Armed Forces.  Therefore, it appears the Kuwait Liberation Medal shown on the applicant’s DD Form 214 was authorized by the government of Saudi Arabia.  In view of the foregoing and in addition to the administrative corrections noted above, we recommend the applicant's records be corrected to the extent indicated below.

5.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 3 March 1996 discharge, be amended in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized [All Periods of Service]), to reflect the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait rather than the Kuwait Liberation Medal.

The following members of the Board considered AFBCMR Docket Number BC-2015-04378 in Executive Session on 11 October 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04378 was considered:

Exhibit A.  DD Form 149, dated 3 October 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 3 June 2016, 
  w/atch.
Exhibit D.  Letter, AFBCMR, dated 7 June 2016.
Exhibit E.  Letter, Applicant, undated, w/atchs.

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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.