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AF | BCMR | CY2011 | BC-2010-02737
Original file (BC-2010-02737.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-02737

                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  he  was  awarded  the  Cold  War
Certificate, South West Asia Service  Medal  (SWASM)  and  the  Kuwait
Liberation Medal (KLM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never notified of the awards.  He served with pride  and  feels
he earned these awards.  He served in  support  of  Operations  DESERT
SHEILD and DESERT STORM.

In support of his request, the applicant submits  a  copy  of  his  DD
Forms 214, Certificate of Release or Discharge From Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 15 Oct 87, the applicant  contracted  his  enlistment  in  the  Air
Force.  He was progressively promoted to the grade  of  senior  airman
having assumed the grade effective and with a date of rank of  15  Oct
90.  He was honorably discharged on 15 Apr 92.  He served four  years,
six months and one day of active service.

The SWASM is awarded to service members of the U. S. armed forces  who
served in support of Operations DESERT SHIELD/STORM  between  2 Aug 90
and 30 Nov 95 in one or more of the following  areas:   Persian  Gulf,
Red Sea, Gulf of Oman, Gulf of Aden, that portion of the  Arabian  Sea
that lies north of 10 degrees north latitude and west  of  68  degrees
east longitude, and the land areas  of  Iraq,  Kuwait,  Saudi  Arabia,
Oman, Bahrain, Qatar and the United Emirates, or  individuals  serving
in Egypt, Israel, Turkey,  Syria  and  Jordan  (including  territorial
airspace and waters) directly supporting combat operations between  17
Jan 91 and 30 Nov 95.

The KLM (Saudi Arabia) – is awarded to U. S.  military  personnel  who
served in support of Operation DESERT STORM between 17 Jan 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 United Arab Emirates.

The KLM (Kuwait) – is awarded to U. S. military personnel  who  served
in support of Operations DESERT SHIELD/STORM between 2 Aug 90  and  31
Aug 93.  They had to be in one or more of  the  following  areas;  the
Persian Gulf, Gulf of Oman, that portion of the Arabian Sea that lines
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 United Arab Emirates.

The Cold War Certificate is awarded by the Army to all members of  the
armed forces and qualified federal government civilian  personnel  who
faithfully and honorably served in the United  States  anytime  during
the Cold War era, which is defined as 2 Sep 45 to 26 Dec 91.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPAPP  recommends  denial.   DPAPP  notes  a  review  of  the
applicant’s master personnel records and the  documentation  submitted
failed to provide any evidence to substantiate any foreign service  in
support  of  Operation  DESERT  SHIELD/STORM.   DPAPP   verified   the
applicant’s foreign service in Germany, which is  reflected  correctly
on his DD Form 214.

The complete AFPC/DPAPP evaluation is at Exhibit C.

HQ AFPC/DPSIDR recommends denial for award of the KLM and  the  SWASM.
DPSIDR states there was no  documentation  located  in  the  applicant
military  personnel  records  to  reflect  he  served  in  support  of
Operation DESERT SHEILD/STORM.  DPSIDR  further  notes  the  Cold  War
Certificate is not  awarded  or  issued  by  the  Air  Force.   DPSIDR
recommends the applicant contact the Department of the Army  regarding
his entitlement to the Cold War Certificate.

The complete AFPC/DPSIDR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the Air Force evaluation was forwarded to the  applicant  26
Nov 10 and 14 Feb 11, for review and comment 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 warranting award of the SWASM, the
KLM and the Cold War Certificate.  We took notice of  the  applicant's
complete submission in judging the merits of  the  case;  however,  we
agree with the opinions and recommendations of the Air  Force  offices
of primary responsibility and adopt their 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.  There  was
no evidence  submitted  or  located  in  the  applicant’s  records  to
substantiate he served in an area of  eligibility  or  in  support  of
Operations  DESERT  SHEILD/STORM  for  award  of  the  SWASM  or  KLM.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
basis to recommend granting the relief sought in this application.  As
recommended by DSPIDR, we suggest the applicant contact the Department
of the Army regarding his entitlement for the Cold War Certificate  as
it is not awarded by the Air Force and as  such,  is  not  within  the
purview of this Board.

_________________________________________________________________

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-
2010-02737 in Executive Session on 22 Mar 11, under the provisions  of
AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2010-02737 was considered:

      Exhibit A. DD Form 149, dated 28 Sep 10, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPAPP, dated 1 Oct 10.
      Exhibit D. Letter, HQ AFPC/DPSIDR, dated 10 Nov 10.
      Exhibit E. Letter, SAF/MRBR, dated 19 Nov 10.
      Exhibit F. Letter, AFBCMR, dated 14 Feb 11, w/atch.





                             Panel Chair

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