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AF | BCMR | CY2014 | BC 2014 01554
Original file (BC 2014 01554.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01554
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

The Kuwait Liberation Medal-Kuwait (KLM-K) be added to his DD Form 
214, Certificate of Release or Discharge from Active Duty.


APPLICANT CONTENDS THAT:

He served in Operation PROVIDE COMFORT from Apr 93 to Sep 93 in 
Iraq.  The Board should find it in the interest of justice to 
consider his untimely application so that he may receive the 
correct medal for his service.  

In support of his request, the applicant provides a copy of the 
criteria for award of the medal.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 10 Apr 91, the applicant entered the Regular Air Force.

According to the applicants DD Form 214, Certificate of Release or 
Discharge from Active Duty, on 26 May 94, the applicant received 
an honorable discharge.  He was credited with 3 years, 1 month and 
9 days of active service.  His DD Form 214 also reflects 4 months 
and 14 days of Foreign Service.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an 
error or an injustice.  After a thorough review of the applicant’s 
official military personnel record, DPSID was unable to verify 
award of the KLM-K.  

The KLM-K is awarded to members who participated in Operations 
DESERT SHIELD/DESERT STORM, and the Liberation of Kuwait.  
Military personnel must have served between 2 Aug 90 and 31 Aug 
93, 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 area of Iraq, Kuwait, 
Saudi Arabia, Oman, Bahrain, Qatar and United Arab Emirates.  To 
be eligible, military personnel must have been attached to or 
regularly serving for one or more days with an organization 
participating in ground and/or shore operations; attached or 
regularly serving for one or more days aboard a naval vessel 
directly supporting military operations; actually participating as 
a crew member in one or more aerial flights directly supporting 
military operations in the areas designated above; or serving on 
temporary duty for 30 consecutive days or 60 non-consecutive days 
during this period.  That time limitation may be waived for people 
participating in actual combat operations.

The Defense Finance and Accounting Service (DFAS) verified the 
applicant’s foreign-service in Turkey from 19 Mar 1993 to Aug 
1993.  The applicant’s DD Form 214 is currently annotated with his 
service in OPERATION DESERT SHIELD/DESERT STORM in the area of 
responsibility.  DPSID was able to verify the applicant served in 
Turkey, however; Turkey is not in the area of eligibility for 
award of the KLM-K.  Therefore, he is ineligible for the award.  
DPSID was able to verify the applicant was awarded the Southwest 
Asia Service Medal (SWASM) for his service in Turkey during 
Operation PROVIDE COMFORT, as currently annotated on his DD Form 
214, effective date 26 May 94.        

The complete DPSID 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 19 Sep 14 for review and comment within 30 days (Exhibit D).  
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 an 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 conclusion the 
applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of newly 
discovered relevant evidence not considered with this application.


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01554 was considered:

	Exhibit A.  DD Form 149, dated 8 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 14.

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