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AF | BCMR | CY2009 | BC-2008-02737
Original file (BC-2008-02737.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02737
                       INDEX CODE:  107.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records  be  corrected  to  reflect  he  was  awarded  the  Kuwait
Liberation Medal, Kingdom of Saudi Arabia (KLM-SA).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was present in Riyadh, Saudi Arabia from 13 Oct 90  through  19 Oct
90 in support of Operation Desert Shield.

In support of his request, the applicant provided  copies  of  his  DD
Forms 214 and a personal statement.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 Sep 84, the applicant entered active  duty  in  the  Regular  Air
Force.  He was progressively  promoted  to  the  grade  of  lieutenant
colonel having assumed the grade effective and with a date of rank  of
5 May 01.  He was honorably retired on 1 Jun 07.  He served 20  years,
4 months and 18 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states service  members  are
eligible for the KLM-SA if they served in support of Operation  Desert
Storm between 17 Jan 91 and 28 Feb 91, in one or more of the following
areas:  the Persian Gulf, Red Sea, Gulf of Oman, that portion  of  the
Arabian Sea that lies north of 10 degrees north latitude and  west  of
68 degrees east longitude, Gulf of Aden, or the total  land  areas  of
Iraq, Kuwait, Saudi Arabia,  Oman,  Bahrain,  Qatar,  and  the  United
Emirates.  It has been verified the applicant was in Saudi Arabia from
13 Oct 90 to 19 Oct 90.  Therefore he is ineligible for the KLM-SA due
to the fact that he was in Saudi Arabia prior to  the  awarding  dates
for the award.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  29
Aug 08, 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  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 its rationale as the  basis
for our decision that the applicant has failed to sustain  his  burden
of proof of  the  existence  of  either  an  error  or  an  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-
2008-02737 in Executive Session on 2 Oct 08, under the  provisions  of
AFI 36-2603:

                       Mr. Alan A. Blomgren, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. James G. Neighbors, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2008-02737 was considered:

      Exhibit A. DD Form 149, dated 15 Aug 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSIDR, dated 7 Aug 08.
      Exhibit D. Letter, SAF/MRBR, dated 29 Aug 08.




                             ALAN A. BLOMGREN
                             Panel Chair

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