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AF | BCMR | CY2006 | BC-2005-02215
Original file (BC-2005-02215.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02215
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXX                    COUNSEL: NO

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Kuwait Liberation Medal- Saudi  Arabia  (KLM-SA)  and  the
Air Force Overseas Ribbon - Short Tour (AFOR-S).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force Board for Correction of Military  Records  (AFBCMR)  shows  he
served 7 months and  24  days  of  Foreign  Service  during  the  Gulf  War;
therefore, his records should be corrected to reflect the requested  awards.


To support his claim the applicant has provided and excerpt from the  Record
of Proceedings from his AFBCMR  Case  Number  BC-2005-01151.   His  complete
submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force from  29  April
1988 to 4 December 1991.  He was discharged with a  total  of  three  years,
seven months, and six days of active military service.   His  DD  Form  214,
,Certificate of Release of Discharge  from  Active  Duty,  reflects  he  was
awarded the Air Force Achievement Medal, Air Force Outstanding  Unit  Award,
National Defense Service Medal, Small Arms Expert  Marksmanship  Medal,  Air
Force Good Conduct Medal, Southwest Asia Ribbon, and the Air Force  Training
Ribbon.

On  19  October  2004,  the  Air  Force  Personnel  Center  administratively
corrected the applicant’s  records  to  include  the  award  of  the  Kuwait
Liberation Medal (Government of Kuwait) (KLM-K) and that he served 7  months
and 24 days of Foreign Service.

On 15 June 2005, the AFBCMR considered and denied the applicant request  for
award of the Armed Forces Expeditionary Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval of the applicant’s request for  the  award
of the AFOR-S and KLM-SA.  DPPPR states  after  a  complete  review  of  the
applicant’s official military record and provided documentation,  they  were
unable to verify his entitlement to the KLM-SA and AFOR-S.  The  applicant’s
record indicates he was deployed to Saudi Arabia from 10 August 1990  to  11
January 1991.  The requested KLM-SA inclusive  period  is  from  17  January
1991 to 28 February 1991, which makes  the  applicant  ineligible  for  this
award.  To be awarded the AFOR-S, a member must complete a  12  to  15-month
assignment at a designated overseas location or Temporary Duty (TDY) of  180
consecutive days or more to be  eligible.   The  applicant  has  a  combined
total of  7  months  and  24  days  of  Foreign  Service,  which  makes  him
ineligible for the AFOR-S.  The DPPPR 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  5
August 2005 for review and response within 30 days (Exhibit D).  As of  this
date, this office has received no response.

_________________________________________________________________

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.  After a thorough review of  the  available
records, we found no evidence the individual is eligible for  the  award  of
the Kuwait Liberation Medal- Saudi Arabia or the Air Force  Overseas  Ribbon
- Short Tour.  We took notice of  the  applicant's  complete  submission  in
judging the merits of this 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 this application in  Executive
Session on 10 January 2006, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Janet I. Hassan, Member
            Ms. Renee M. Collier, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2005-02215
was considered:

      Exhibit A.  DD Form 149, dated 9 Jul 05, with attachment.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 22 Jul 05.
      Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.




                                  MICHAEL J. NOVEL
                                                   Panel Chair

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