Search Decisions

Decision Text

AF | BCMR | CY1999 | 9900775
Original file (9900775.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-00775
            INDEX NUMBER:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The Kuwait Liberation Medal be added to his DD Form 214.

APPLICANT CONTENDS THAT:

He received the Kuwait Liberation Medal in September 1996 but the award  was
not annotated on his DD Form 214.

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

Applicant entered extended active duty on 8 March 1977.

Applicant’s   Officer   Performance   Reports   and   Meritorious    Service
Medal(MSM)/First Oak Leaf Cluster for the period  10  July  1989  -  11 June
1992 reflect his assignment to the 34th Strategic Squadron  at  Zaragoza  AB
Spain.

Applicant retired from active duty on 31 March 1997, in the grade of  Major,
under the provisions of AFI 36-3203 (Maximum Service or Time in Grade).   He
served 20 years and 23 days total active duty, with no lost time.

AIR FORCE EVALUATION:

The Recognition  Programs  Branch,  Promotions,  Evaluation,  &  Recognition
Division, HQ AFPC/DPPPRA, reviewed this  application  and  states  that  the
applicant has not provided any documentation to substantiate his claim  even
after being requested to do so.  His  records  do  not  support  his  claim,
either.  We cannot verify he was in the Operation Desert  Shield/Storm  Area
of Responsibility at any time during 2 August 1990 through 3 November  1995.
 We cannot verify his eligibility for the Southwest Asia Service Medal,  the
Kuwait  Liberation  Medal  (Saudi  Arabia),  or  Kuwait   Liberation   Medal
(Kuwait).  Therefore, they recommend denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states  that  he  has  the  Kuwait
Liberation Medal, but cannot  locate  the  citation.   He  is  currently  an
airline pilot and could not get to  this  matter  as  quickly  as  he  liked
because he is only home a few days per month.

Applicant’s complete response, with attachments, is attached at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

The Recognition  Programs  Branch,  Promotions,  Evaluation,  &  Recognition
Division, HQ AFPC/DPPPRA, reviewed this  application  and  states  that  the
applicant has provided additional documentation; specifically  a  RIP  dated
24  March  1997,  which  reflects  the  Kuwait  Liberation  Medal  (Kuwait).
However, he has still not provided any documentation showing he was  in  the
Area of Responsibility.

Applicant’s records, including decoration citation and performance  reports,
refer to his support of Operation Desert Shield/Storm,  but  nothing  states
or refers to the fact that he was anywhere else but Spain during the  period
2 August 1990 through 17 June 1992.  They note that the applicant has  never
stated he was in the Area of Operation,  just  that  he  was  presented  the
medal in September 1996.  There is no citation  to  accompany  this  foreign
decoration.  They also note, applicant has not claimed  the  Southwest  Asia
Service Medal with any bronze service stars,  which  definitely  would  have
been authorized had he been  in  the  Area  of  Responsibility.   Since  the
applicant has failed to state when he was supposed to have been in the  Area
of Responsibility, and has not provided any official  documentation  showing
when and where he was TDY from Spain in order to earn the Kuwait  Liberation
Medal, we can not verify his eligibility for  the  Kuwait  Liberation  Medal
(Kuwait).   Many  RIPs  have  erroneous  entries  on  them;  that   is   why
individuals are later required to  furnish  documentation  to  verify  their
eligibility for entitlement  to  awards  and  decorations  listed  on  them.
Therefore, they recommend denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 21 September 1998, for review and response within 30 days.   As
of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

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

2.    The application was not timely filed; 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 probable error or injustice  warranting  award  of  the  Kuwait
Liberation Medal.  We took notice of the applicant's complete submission  in
judging the merits of  the case; however, we  agree  with  the  opinion  and
recommendation of the Air Force and adopt their rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  Applicant’s records do not indicate any Persian Gulf  awards  or
statements that he served  in  the  Area  of  Responsibility  for  Operation
Desert Sheld/Storm.  In order for the Board to verify  eligibility  for  the
Kuwait Liberation Medal  we  would  need  TDY  orders  and  travel  vouchers
indicating he was in the Area of  Responsibility  in  support  of  Operation
Desert Sheld/Storm or PERSCO Statement showing the country he  was  TDY  and
the dates when he  was  in  the  country.   Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  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 this application in  Executive
Session on 26 January 1999, under the provisions of AFI 36-2603:

                  Ms. Rita S. Looney, Panel Chair
                  Mr. Terry A. Yonkers, Member
                  Ms. Patricia Vestal, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 February 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPRA, dated 8 June 1998, w/atch.
   Exhibit D.  Letter, SAF/MIBR, dated 22 June 1998.
   Exhibit E.  Applicant’s Response, dated 6 July 1998.
   Exhibit F.  Letter, HQ AFPC/DPPPRA, dated 2 September 1998.





                                RITA S. LOONEY
                                Panel Chair


Similar Decisions

  • AF | BCMR | CY1999 | BC-1998-00775

    Original file (BC-1998-00775.doc) Auto-classification: Denied

    However, he has still not provided any documentation showing he was in the Area of Responsibility. Since the applicant has failed to state when he was supposed to have been in the Area of Responsibility, and has not provided any official documentation showing when and where he was TDY from Spain in order to earn the Kuwait Liberation Medal, we can not verify his eligibility for the Kuwait Liberation Medal (Kuwait). Applicant’s records do not indicate any Persian Gulf awards or statements...

  • AF | BCMR | CY1999 | 9800775

    Original file (9800775.doc) Auto-classification: Denied

    However, he has still not provided any documentation showing he was in the Area of Responsibility. Since the applicant has failed to state when he was supposed to have been in the Area of Responsibility, and has not provided any official documentation showing when and where he was TDY from Spain in order to earn the Kuwait Liberation Medal, we can not verify his eligibility for the Kuwait Liberation Medal (Kuwait). Applicant’s records do not indicate any Persian Gulf awards or statements...

  • AF | BCMR | CY1999 | 9701756

    Original file (9701756.pdf) Auto-classification: Denied

    AIR FORCE EVALUATION: The Recognition Programs Branch, AFPC/DPPPRA, reviewed t h i s application and states t h a t they have reviewed the TDY orders provided by applicant, and stili cannot verify his eligibility for the Kuwait Liberation Medal or t h e Southwest Asia- Service Medal. A complete copy of the Air Force evaluation is attached at Exhibit G . After thoroughly reviewing the evidence of record and the additional documentation sLzbmitted by applicant, we are still not persuaded...

  • AF | BCMR | CY1999 | 9802092

    Original file (9802092.pdf) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). While on a tour, he stopped the bus for the members to see a herd of camels. This office is responsible for determining Air Force members’ eligibility and entitlement to awards and decorations, and your case was sent to us for review.

  • AF | BCMR | CY2004 | BC-2004-00483

    Original file (BC-2004-00483.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00483 INDEX NUMBER: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Kuwait Liberation Medal – Kuwait (KLM-M), the Kuwait Liberation Medal – Saudi Arabia (KLM-SA), and the National Defense Service Medal. ...

  • AF | BCMR | CY2000 | 9900364

    Original file (9900364.doc) Auto-classification: Approved

    Exhibit B. Exhibit F. Letter, Applicant, dated 9 Jun 99, w/BCMR response. RICHARD A. PETERSON Panel Chair AFBCMR 99-00364 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he...

  • AF | BCMR | CY1998 | 9801309

    Original file (9801309.pdf) Auto-classification: Denied

    The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). Applicant requests award of the I Service Medal. We recommend disapproval of the applicant's request to be awarded the Southwest Asia Service Medal.

  • AF | BCMR | CY1999 | 9700732

    Original file (9700732.doc) Auto-classification: Denied

    The applicant provided additional evidence and requested that his case be reconsidered. The applicant did not provide any documentation showing he was actually in Vietnam, on or , and in direct support of Operation FREQUENT WIND. BARBARA A. WESTGATE Panel Chair Exhibits: Exhibit E. Record of Proceedings, dated 23 Oct 97.

  • AF | BCMR | CY1999 | 9700732A

    Original file (9700732A.doc) Auto-classification: Denied

    The applicant provided additional evidence and requested that his case be reconsidered. The applicant did not provide any documentation showing he was actually in Vietnam, on 29 or 30 Apr 75, and in direct support of Operation FREQUENT WIND. BARBARA A. WESTGATE Panel Chair Exhibits: Exhibit E. Record of Proceedings, dated 23 Oct 97.

  • AF | BCMR | CY1999 | BC-1997-00732A

    Original file (BC-1997-00732A.doc) Auto-classification: Denied

    The applicant provided additional evidence and requested that his case be reconsidered. The applicant did not provide any documentation showing he was actually in Vietnam, on 29 or 30 Apr 75, and in direct support of Operation FREQUENT WIND. BARBARA A. WESTGATE Panel Chair Exhibits: Exhibit E. Record of Proceedings, dated 23 Oct 97.