RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01931 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Korean Service Medal (KSM). ________________________________________________________________ APPLICANT CONTENDS THAT: He was told if he served in Korea for over six days, he would be awarded the KSM. He was in Korea for one year, from 1979 to 1980. ________________________________________________________________ STATEMENT OF FACTS: On 22 Jan 1969, the applicant entered active duty. He served in Taegu, Republic of Korea, from 1 May 1979 to 2 May 1980. On 1 Feb 1989, he retired after serving 20 years and 9 days on active duty. The KSM was awarded for service between 27 Jun 1950 and 27 Jul 1954 under the following conditions: Within the territorial limits of Korea in waters immediately adjacent thereto: With a unit under the operational control of the Commander-in-Chief, Far East, other than those units within the territorial limits of Korea, which has been designated by the Commander-in-Chief, Far East, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the Commander-in-Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea. The Korean Defense Service Medal (KDSM) is given as recognition for military service in the Republic of Korea and the surrounding waters after 28 Jul 1954 and ending on such a future date as determined by the Secretary of Defense. Individuals must have been assigned, attached, or mobilized to units operating or serving on the land area of the Republic of Korea, and the contiguous waters out to 12 nautical miles, and all airspace above the stated land and water areas. To be eligible for the KDSM, personnel must have been physically present in the stated areas for 30 consecutive or 60 nonconsecutive days. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states the applicant’s dates of service in Korea render him ineligible for award of the KSM. His dates of service qualify him for award of the KDSM based on the criteria established for that award and not the KSM. To grant relief would be contrary to the criteria established by the Department of Defense (DOD) Manual 1348.33, Manual of Military Decorations and Awards. Upon conclusion and final decision by the Board, AFPC/DPSID will administratively correct the applicant’s records to show award of the KDSM and Vietnam Service Medal (VSM), with one Bronze Service Star. The complete DPSID evaluation, with attachment, is at Exhibit C. _______________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jul 2013 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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. 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 (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, apart from the administrative corrections to show the applicant was awarded the KDSM and VSM, with one Bronze Service Star, we find no basis to recommend further relief. ________________________________________________________________ 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; 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 Docket Number BC-2013-01931 in Executive Session on 20 Feb 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Apr 2013. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 2013. Exhibit D. Letter, SAF/MRBR, dated 24 Jul 2013. Panel Chair