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AF | BCMR | CY2001 | 0003259
Original file (0003259.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03259
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Republic of Korea War Service Medal (KWSM),  the  Republic
of Vietnam Campaign Ribbon/Medal, and the Meritorious Service Medal (MSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served on active duty during the Korean Conflict in the Far  Eastern  Air
Forces Command, served in Thailand during 1971  through  1972,  and  he  was
recommended for the MSM for the period  1 November  1967  through  30  April
1971.

In support of the applicant’s  appeal,  he  submits  a  personal  statement,
recommendation  for  the  MSM,   dated   24   December   1970,   and   other
documentation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force (Exhibit C).  Accordingly, there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Recognition  Programs   Branch,   Promotion,   Evaluation   and
Recognition Division, AFPC/DPPPR, reviewed this application and states  that
unfortunately, the  applicant  submitted  requests  to  the  Army,  National
Personnel  Records  Center  (NPRC),  and  through  Congressional  and   BCMR
channels, all at about  the  same  time.   The  National  Personnel  Records
Center first sent the case to the Army, but this office is  responsible  for
final determination of award of the Republic of Korea War Service Medal,  so
the case was returned to the NPRC.  Prior to  the  return  of  the  records,
SAF/MIBR opened a Board case, but  it  could  not  be  pursued  without  the
records.  While SAF/MIBR was waiting for the records, the  NPRC  received  a
request and forwarded that request and  his  records  to  AFPC/DPPPR.   This
resulted in their 21 February 2001 letter to the applicant, explaining  that
he was not eligible for the Republic of Korea War Service Medal,  and  there
was no indication in his records  indicating  he  was  recommended  for,  or
awarded, the MSM.  He was asked to provide a copy of the order awarding  him
this decoration.  Shortly after this, it was discovered that the  BCMR  case
was still open and needed to be addressed.  This resulted in their 21  March
2001 letter, informing the applicant that his  recommendation  for  the  MSM
had been downgraded to the Air Force Commendation Medal (AFCM), that he  had
already received sets of his awards and  decorations,  and  that  he  should
apply to a commercial source for additional sets  and  foreign  medal  sets.
He was asked to withdraw his request  for  award  of  the  MSM  again.   The
applicant did not reply to either letter.

They recommend disapproval of the  applicant’s  request  for  award  of  the
Republic of Korea War Service Medal, issuance of  the  Republic  of  Vietnam
Campaign Medal, and award of the Meritorious Service Medal for the period  1
November 1967 through 30 April 1971.

A complete copy of the evaluation, with attachments, is attached at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 June 2001 a complete copy of the Air Force  evaluation  was  forwarded
to the applicant for review and response within thirty  (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  probable  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  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.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 1 August 2001, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. William E. Edwards, Member
                  Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 July 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 19 June 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 29 June 2001.




                                THOMAS S. MARKIEWICZ
                                Vice Chair



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