RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00951 

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be awarded the “Liberation of Kuwait medal” (KWL-K).

By amendment at Exhibit D, he be awarded the Southwest Asia Service Medal with two bronze service stars (SWASM w/2BSS) and the service star for his award of the National Defense Service Medal (NDSM w/1BSS).

APPLICANT CONTENDS THAT:

He was stationed in “that theater in 90 and 91”, and the medal was issued after he was discharged, but it is not reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve on 10 Sep 90.

On 19 Jun 91, the applicant was furnished an honorable discharge, and was credited with 9 months and 20 days of active service. 

He has a prior period of service with the Navy, from 22 Oct 64 to 18 Dec 67, was furnished an honorable discharge, and was credited with 3 years, 1 month, and 27 days of active service. 

Attempts were made to obtain copies of his Master Personnel Records from the National Personnel Records Center (NPRC); however, they were not available.

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 B.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  

The KLM-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

Although, documentation verified the applicant deployed in support of Operation DESERT SHIELD/DESERT STORM, we were unable to locate official documentation, nor was any provided, verifying the applicant was in the area of eligibility on temporary duty for 30 consecutive days or 60 non-consecutive days for award of the KLM-Kuwait or the KLM-Saudi Arabia.

On or about 21 Aug 17, AFPC/DP3SP mailed the applicant the SWASM and service star for his NDSM. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of his response, the applicant provides a statement, indicating he is eligible for the KLM-K, for participation as a crew member in one or more aerial flights directly supporting military operations in the designated AOR, while he was a C-141 flight engineer with the 708 MAS.  He further explains that his DD Form 215, Correction to DD Form 214, shows that he was awarded the SWASM w/2BSS, but did not receive the SWASM.  In addition, he did not receive the service star for his award of the NDSM.

The applicant’s complete response, with attachments, is at Exhibit D.

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.  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, aside from the aforementioned administrative corrections, 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-2016-00951 in Executive Session on 11 Jul 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00951 was considered:

	Exhibit A.  DD Form 149, dated 29 Feb 16, w/atchs.
	Exhibit B.  Memorandum, AFPC/DP3SP, dated 25 Jul 16.
	Exhibit C.  Letter, AFBCMR, dated 29 Mar 17.
	Exhibit D.  Applicant Rebuttal, dated 7 Apr 17.

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 regarding AFBCMR Docket Number BC-2016-00951, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.