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AF | BCMR | CY2003 | BC-2002-03170
Original file (BC-2002-03170.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03170
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 reflect receipt of the Republic of Korea  War  Service
Medal (ROK WSM) and the Republic of Korea Presidential  Unit  Citation
(ROK PUC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He arrived at Osan AB on or about “7-11-12-53.” and was shipped  at  a
later date to Suwon (Korea).

The applicant’s complete submission, with attachment, is at Exhibit A.
Additional documents provided by the applicant to HQ  AFPC/DPPPRA  are
attached to Exhibit C.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records were apparently destroyed in the 1973 fire  at
the National Personnel Records Center (NPRC).

The DD Form 214 supplied by the applicant reflects he  entered  active
duty on 24 Jan 52. His most significant assignment was to  the  2848th
Air Base Wing at Norton AFB, CA. His  primary  duty  was  as  a  cook.
According to HQ AFPC/DPPPR, he was assigned overseas to the  8th  Food
Service Squadron (8 FSS). He was honorably released from  active  duty
on 23 Jan 56 in the grade of airman second class  and  transferred  to
the Air Force Reserve.  He had four years of active service,  with  11
months and 22 days as foreign/overseas service.  He also received  the
United Nations Service Medal (UNSM), the Korean Service  Medal  (KSM),
the National Defense Service Medal and the AF Good Conduct Medal.  The
UNSM and the KSM, awarded  by  the  US  government,  are  bestowed  on
members who participated in operations in the Korean area  during  the
period 27 Jun 50 - 27 Jul 54.

The ROK WSM is awarded for service in Korea, its territorial waters or
airspace during the period 25 Jun 50 - 27 Jul 53.  Service  must  have
been performed while on permanent assignment  in  Korea  or  while  on
temporary duty (TDY) in Korea for 30 consecutive or 60  nonconsecutive
days, or while a crew member of aircraft in aerial flight  over  Korea
participating in actual combat operations  or  in  support  of  combat
operations.  Veterans  who  served  in  Japan,  Guam,   Okinawa,   the
Philippines  or  other  countries  are  not  eligible.    The   Korean
government established this medal  and  its  criteria;  as  a  foreign
award, no waiver of any criterion is authorized.

On 21 Oct 02, HQ AFPC/DPPPRA informed the applicant that he needed  to
provide documentation showing the inclusive dates he was overseas  and
his unit of assignment while overseas to verify  his  eligibility  for
the ROK WSM and ROK PUC. (See Exhibit C.)

By cover letter dated 8 Nov 02, the applicant submitted  a  4  Nov  53
order  from  the  8th  Air  Base  Group  (8  ABG),  APO  970  (Korea),
authorizing the applicant, who was assigned to  the  8  FSS,  APO  60,
seven days of TDY to Tachikawa, Japan, beginning  9  Nov  53  for  the
purpose of rest and relaxation (R&R). The applicant also included a 30
Jul 53 memo from the 8th Fighter Bomber Wing (8 FBW), APO 970 (Korea),
to all 8 FBW  personnel  with  a  message  from  the  Chief  of  Staff
commending the personnel of the 8 FBW for their participation  in  the
Korean War. (See Exhibit C.)

On 21 Nov 02, HQ AFPC/DPPPRA advised the applicant that  in  order  to
receive the ROK WSM, veterans must  have  served  in  the  country  of
Korea, its territorial waters or airspace during the period 25 Jun  50
- 27 Jul 53. DPPPRA noted the applicant had stated in his appeal  that
he arrived in Osan in Nov 53, which would mean he was  ineligible  for
the ROK WSM. However, the applicant’s submission now shows he was sent
TDY from the 8 FSS to Japan on or about 9 Nov 53. DPPPRA advised  that
unfortunately this still did not place the applicant in Korea prior to
27 Jul 53. The applicant was invited  to  provide  official  documents
showing he was in Korea during 25 Jun 50 - 27 Jul 53. (See Exhibit C.)

The applicant responded on 9 Dec 02, indicating that to be entitled to
R&R in Japan in 1953 one had to have served four months in  Korea.  He
claimed he served the months of Jul, Aug, Sep and Oct 53 and  was  not
in Osan in Nov 53, that he was in Osan in Jul 53. The Chief of Staff’s
message was given to those who had been in Korea  before  27  Jul  53.
(See Exhibit C.)
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advises that the dates and location of  the  applicant’s
overseas assignment are not on the DD Form 214,  as  this  information
was not included on the form at that time. They note that although the
applicant did not state his unit of assignment or the inclusive  dates
of assignment overseas, it was determined that he was assigned to  the
8 FSS.  The 8 FSS earned the ROK PUC for two periods: 27 Jun 50  -  31
Jan 51 and 1 Feb 51 -  31  Mar  53.  There  is  no  documentation  the
applicant was in Korea during either of these times. As for the 8  FBW
memo quoting the Chief of Staff’s message, there is no indication that
the letter was endorsed to the applicant or how he  obtained  a  copy.
Further, the applicant provided no document to  substantiate  his  new
claim that an individual had to have been in Korea for four months  to
receive R&R. He has no documentation  to  support  his  claim  he  was
assigned to, and in, Korea,  prior  to  27 Jul  53,  or  that  he  was
assigned to Korea. The R&R order shows he was going  from  APO  60  to
Japan, but not the location of APO 60. The APO for Korea was 970.  The
ROK WSM Team could not verify his eligibility for  the  ROK  WSM.  His
unit of assignment, the 8 FSS, did receive the ROK PUC  but  the  last
closeout date was 31 Mar 53; therefore, he is not  eligible  to  share
the 8 FSS’s award of the ROK PUC.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of the evaluation, with its attachments,
on which he wrote comments in red pencil.  He  asserts  his  destroyed
records would have shown his date in Korea plus the ROK PUC.  The  Air
Force made the mistake by not putting  it  on  his  DD  Form  214.  He
contends he was in Korea before 27 Jul 53. He  concedes  APO  970  was
Korea. He doesn’t know the location of APO 60. He claims  this  was  a
travel authority mistake, that he was with the 8 ABG and 8 FBW and his
APO was 970. He asserts he is not a liar and was proud to be  part  of
the Air Force and a Korean War veteran, but now this paper  trail  can
be taken to the latrine.

[Note: According to the 4 Nov 53 R&R orders, APO 60 was the address of
the applicant’s unit, the 8 FSS. The Directorate  of  Assignments,  HQ
AFPC/DPAPP1 advised via email on 13 Mar  03  that  during  the  Korean
conflict APO 60 was Suwon, Korea.]

A complete copy of applicant’s response is at Exhibit E.

_________________________________________________________________

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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that he should be awarded  the  ROK  WSM  or  the  ROK  PUC.
According to the  4  Nov  53  R&R  orders,  the  applicant’s  unit  of
assignment, the 8 FSS, had  an  address  of  APO  60.  HQ  AFPC/DPAPP1
confirmed that APO 60 was located in Suwon, Korea.  We do not  dispute
that the applicant was in Korea; the issue is  whether  he  was  there
during the required timeframes to meet the  eligibility  criteria  for
the two requested awards. In this regard, he has not shown whether  he
was in Korea on TDY or a permanent  change  of  station,  nor  has  he
provided documents that clearly establish his  arrival  and  departure
dates. If he arrived in Suwon in 11-12 Jul 53, as he alleges,  he  was
there no more than 16 days before the eligibility period for  the  ROK
WSM expired. The ROK WSM required permanent assignment in Korea or  30
consecutive/60 nonconsecutive days TDY,  unless  the  veteran  was  an
aircrew member, which the applicant  was  not.  However,  because  the
applicant’s records were destroyed, it is not  possible  to  determine
conclusively when he arrived in Korea and whether this was a permanent
assignment or a TDY. Further, it appears that if his arrival date  was
in Jul 53, he was ineligible for the two periods his unit received the
ROK PUC. While the applicant’s contributions to his country  during  a
time of turmoil are acknowledged, his submission has  not  established
to our satisfaction that he is entitled to the requested  decorations.
In view of the above and absent persuasive evidence to  the  contrary,
the applicant has failed to sustain  his  burden  of  having  suffered
either an error or an injustice.  Therefore,  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

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 17 April 2003 under the  provisions  of  AFI  36-
2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. Robert H. Altman, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2002-03170 was considered:

   Exhibit A.  DD Form 149, dated 30 Sep 02, w/atch.
   Exhibit B.  Applicant's Reconstructed Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 21 Jan 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
   Exhibit E.  Comments, Applicant, undated, received 20 Feb 03.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair

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