RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01130

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Kuwait Liberation Medal-Kuwait.  

APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he served in support of Operation DESERT SHIELD/STORM.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 26 January 1990 and was released from active duty on 23 March 1992.  He was credited with 2 years, 1 month and 28 days of active duty service.  

His DD Form 214, Item 18, Remarks, reflects he served 2 August 1990 to 23 February 1991 in support of Operation DESERT SHIELD/STORM.  

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.  DP3SP was unable to locate any official documentation verifying the applicant served in an area of eligibility for award of the Kuwait Liberation Medal-Kuwait.  According to his Air Force Achievement Medal, he served at Ramstein AB, Germany which is not considered in the area of eligibility for award of the Kuwait Liberation Medal-Kuwait.  The applicant’s DD Form 214 reflects he served on active duty in support of Operation DESERT SHIELD/STORM but does not indicate he actually served in the area of eligibility.  Additionally, the Defense Finance and Accounting Service was unable to verify he received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exemption from 2 August 1990 to 23 February 1991.   

The Kuwait Liberation Medal-Kuwait is awarded to those members who served in support of Operations DESERT SHIELD and DESERT 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.  

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 4 April 2017 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 RECOMMENDS 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-2016-01130 in Executive Session on 6 July 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 March 2016, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 25 July 2016
	Exhibit D.  Letter, AFBCMR, dated 4 April 2017.  

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.