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AF | BCMR | CY2003 | BC-2003-00271
Original file (BC-2003-00271.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00271
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, be corrected to show that he was awarded the  Southwest  Asia
Service Medal (SWASM) and/or the Kuwait Liberation Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He learned on 10 Dec 02, after reviewing the “VetGuide” on  an  OPM
website and through talking to the military personnel flight,  that
he was eligible for  the  awards  based  on  his  participation  in
Operation DESERT SHIELD/DESERT STORM.

In support of his appeal, applicant submitted a  copy  of  his  TDY
order issued on 6 Sep 91; a copy of his Officer Performance  Report
(OPR) closing 30 Apr 91, and a copy of his submitted/settled travel
voucher dated 8 Oct 91 (TDY period from 6 - 17 Sep 91).

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned as a second lieutenant in the Reserve of
the Air Force on 16 Mar 76.  He was  integrated  into  the  Regular
component on 3 Jul 80, and progressively promoted to the  grade  of
lieutenant colonel with an effective  date  and  date  of  rank  of
1 Dec 92.   He  had  continuous  active  duty  service  until   his
retirement on 1 Apr 00.

His DD Form 214, Certificate of Release or  Discharge  from  Active
Duty, reflects he served 1 year, 11 months, and 20 days of  Foreign
Service.  He was assigned in Korea from 25 Jul 93 to 14 Jul 95.

Applicant’s  records  reflect  award  of  the  Defense  Meritorious
Service Medal, Air Force Achievement Medal, Air Force  Commendation
Medal, Meritorious  Service  Medal  with  two  devices,  Air  Force
Longevity Service Medal  with  four  devices,  Air  Force  Training
Ribbon, Air Force Overseas  Short  Tour  Ribbon,  National  Defense
Service  Medal,  Humanitarian  Service  Medal,  Small  Arms  Expert
Marksmanship Ribbon/Pistol, Air Force Outstanding Unit  Award  with
two devices, Air Force Organizational Excellence Award.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommended denial of the applicant’s request.   They
state applicant was deployed to  Saudi  Arabia  to  provide  system
support for Low Altitude Navigational and Targeting Infrared System
for Night (LANTIRN).  He was in Saudi Arabia  for  nine  days.   On
27 Feb 03, applicant was advised that he was not eligible  for  the
Southwest Asia Service Medal or Kuwait  Liberation  Medal  (Kuwait)
because  he  was  not  in  Saudi  Arabia  for  30  consecutive   or
60 nonconsecutive days.

Applicant did not provide any documentation showing he was deployed
to the Persian Gulf for 30 consecutive or 60 nonconsecutive days in
direct support of Operation DESERT SHIELD/DESERT  STORM.   Although
the LANTIRN system is considered  support  to  the  operation,  the
applicant was not in Saudi Arabia for the required length of  time.
His TDY order and travel voucher only reflected a length of tour of
nine days.

A complete copy of the 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 23 May 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 error or injustice.  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  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   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 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 AFBCMR Docket  Number
BC-2003-00271 in Executive  Session  on  2  July  2003,  under  the
provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Nancy Wells Drury, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jan 02 (sic), w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 9 May 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.




                                   ROBERT S. BOYD
                                   Panel Chair



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