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AF | BCMR | CY2003 | 0001657
Original file (0001657.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  00-01657
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records reflect that he served in the 44th Fighter Bomber Squadron
at Clark AFB during the Korean War and that he was on  temporary  duty
(TDY) to Japan (Johnson AFB) and Formosa for a period of 90-plus days.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wants  to  be  eligible  for  the  Korean  War  Medal,  the  Korean
Certificate and to join the Veterans of Foreign Wars (VFW)

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records appear to have been  completely  destroyed  by
the 1973 fire at the National Personnel Records Center.

According to the DD Form 214 submitted by the  applicant  (Exhibit A),
he enlisted in the Regular Air Force in the grade of airman  basic  on
18 Apr 50. He was  awarded  the  United  Nations  Service  Medal,  the
National Defense Service Medal and the  Good  Conduct  Medal.  He  was
honorably discharged in the grade of staff sergeant on 17 Apr 54  with
3 years and 10 months of active service, with 1 year, 9 months and  23
days being foreign service (Philippines).

The applicant originally submitted his appeal on 13 Jun  00.  However,
SAF/MRBR advised him on 20 Jun and 6 Jul 00 that his records no longer
existed and, unless he could provide information or records  by  which
his claim could be verified, his case could  not  be  processed.   The
applicant did not respond and
on 11 Sep 00, SAF/MRBR advised him that they had no  recourse  but  to
close his case (Exhibit A). On  1  Jul  02,  the  applicant  submitted
additional documents and his case was reopened.

By letter dated 25 Jul 02, HQ AFPC/DPPPRA advised the applicant  that,
other than the medals indicated on his DD Form  214,  they  could  not
verify any other awards or decorations to which  he  may  be  entitled
(Exhibit D).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 recommends denial because there are no source documents
verifying the applicant’s TDY in Japan or Formosa.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided many of the same documents submitted  with  his
DD Form 149, as well as an MPRC Form 1-598, Extract from Miscellaneous
Records Concerning Medical  Treatment,  dated  23  Jul  54.  The  form
reflects he was assigned to the 44th Fighter Bomber Squadron at  Clark
AFB, PI, from 1 Jan 52 through 20 Apr 53.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit F.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPAPP2 indicates the applicant only has  supporting  documents
for 24 days TDY to Johnson AB, Japan. He did not furnish any documents
to verify TDY to Formosa. The criteria for  TDY  credit  is  when  the
member is furnished TDY orders and performs the  duty  at  a  location
other than their permanent duty station.

A complete copy of the evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

The applicant responded with a duplicate letter and attachments.

The applicant’s complete rebuttal, with attachments, is at Exhibit I.

_________________________________________________________________

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  to  warrant   amending   the
applicant’s records. Although the applicant asks that his DD Form  214
reflect TDY in Japan and Formosa, it appears the basis of  his  appeal
is to qualify for a decoration. In this regard, TDY typically  is  not
reflected on DD Form 214 or WD AGO forms if an individual  is  already
overseas. The applicant was at Clark AB, Philippines, which is Foreign
Service and is credited to him in Block 26 on his DD  Form  214  as  1
year, 9 months and 23 days of Foreign Service. As for  an  award,  the
applicant has not shown that he met the criteria for  any  decorations
other than the ones already awarded him. He has only established  that
he was TDY for  24  days  at  Johnson  AFB,  Japan,  but  not  for  30
consecutive or 60 nonconsecutive days in Japan, Formosa or  Korea.  If
the applicant should submit further official documents  or  statements
that demonstrate he met the presence criteria, we would be willing  to
reconsider his case. Unless or until he does so, however, we  find  no
compelling basis to recommend any amendments to his records.

_________________________________________________________________

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  this  application  in
Executive Session on 10 December 2002 and 14 January 2003,  under  the
provisions of AFI 36-2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. James W. Russell III, Member

The following documentary evidence relating to AFBCMR Docket Number 00-
01657 was considered:

  Exhibit A.  DD Form 149, dated 00-01657, w/atchs.
  Exhibit B.  Applicant's Reconstructed Master Personnel Records.
  Exhibit C.  Letter, HQ AFPC/DPAPP2, dated 12 Jul 02.
  Exhibit D.  Letter, HQ AFPC/DPPPRA, dated 25 Jul 02.
  Exhibit E.  Letter, SAF/MRBR, dated 16 Aug 02.
  Exhibit F.  Letter, Applicant, undated (received 28 Aug 02),
                   w/atchs.
  Exhibit G.  Letter, HQ AFPC/DPAPP2, dated 18 Sep 02.
  Exhibit H.  Letter, SAF/MRBR, dated 27 Sep 02.
  Exhibit I.  Letter, Applicant, undated, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair

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