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AF | BCMR | CY2003 | BC-2003-00675
Original file (BC-2003-00675.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00675
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Korean Defense Service Medal, The Republic of Korea  Service  Cease-Fire
Period Medal, The Republic  of  China  823  Campaign  Badge  of  Honor,  the
Republic of China U.S. Mutual Defense Commemorative  Badge,  the  Air  Force
Commander's Badge, and the Republic of Vietnam  Gallantry  Cross  w/palm  be
added to his military records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He recently received the two awards from the Republic of  China,  he  served
in Korea from June 1984 through July 1985, he served several positions as  a
commander, and he served with the 19th Tactical Air  Support  Squadron  from
April 1967 through April 1968.

In support of his request, applicant provided a personal statement,  his  DD
Form 214, a memorandum, a sample  press  release,  and  a  letter  from  the
Republic of China.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the  Air  Force  and
was voluntarily ordered to  extended  active  duty  on  30 Sep  63.  He  was
progressively promoted to the grade of colonel, having  assumed  that  grade
effective and with a date of rank of 1 Jul 84.  He served an  overseas  tour
in Vietnam from 13 Mar 67 through 11 Mar 68.  He was retired  from  the  Air
Force on 30 Jun 91.  He served 27 years, 9  months,  and  1  day  on  active
duty.

The Republic of Vietnam Gallantry Cross has been added  to  the  applicant's
DD Form 214.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial.  DPSFM states that the  applicant  retired  in
1991 and the Air Force Command Insignia was approved on  1  Oct  02.   There
were no provisions made to  award  the  insignia  retroactively  to  retired
personnel.  Foreign awards cannot be  accepted  by  service  members  unless
they have previously  been  approved  by  the  U.S.  Government.   The  "823
Campaign" Badge of Honor and the accompanying Republic of China U.S.  Mutual
Defense Commemorative Badge are not  listed  as  authorized  foreign  award.
The DPSFM evaluation is at Exhibit C.

AFPC/DPPPR recommends denial.  DPPPR states  that  the  applicant  has  been
informed that the criteria for the Korean Defense Service Medal has not  yet
been determined and there is no such medal as the Republic of Korea  Service
Cease-Fire Medal.  Until the Joint Chiefs of Staff decide upon the  criteria
for award of the Korean Defense Service Medal, they are unable to  determine
anyone's eligibility for the new medal.  Regardless of the number  of  times
he was in Vietnam, his records show he spent only one tour in  Vietnam,  and
was TDY on other occasions.  Although TDY  he  was  still  assigned  to  the
parent unit, not to a Vietnam unit that would have earned  the  Republic  of
Vietnam  Gallantry  Cross  w/Palm.   No  provisions  have  been   made   for
additional awards of this ribbon; therefore, only one  Republic  of  Vietnam
Gallantry Cross w/Palm is authorized to be worn or reflected on  a  DD  Form
214.  The DPPPR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the evaluator determined that he was not  entitled  to
wear the Air Force Command Insignia  because  "there  was  no  provision  to
award the insignia retroactively to retired  personnel."   They  could  have
just as easily stated that  it  is  common  for  the  military  serviced  to
retroactively  award  decorations  and  insignia  to  veterans  and  retired
personnel (i.e. the POW Medal, the Medal of Honor, and  the  Purple  Heart).
The Republic of China's Badge of Honor and the  accompanying  US-ROC  Mutual
Defense Medal was not an honorary award at all and were not granted  by  the
Tapei office in Kansas City.  They were awarded by the Tapei  equivalent  of
an Embassy in Washington D.C.  The  Consulate  in  Kansas  City  was  simply
acknowledging the fact that he had been awarded the decorations and  invited
him to the inauguration of their next Ambassador.  To not wear a  decoration
from an oriental country is a great offense and loss of face  of  that  host
country at military and international events and  official  receptions.   He
earned the additional Vietnam Gallantry Cross w/Palm during his  third  tour
of duty in Vietnam flying daily combat missions while attached to  the  21st
Tactical Air Support Squadron.  He had learned that the  21  TASS  had  been
awarded that decoration during the  time  that  he  was  flying  with  them.
DPPPR based their denial on the fact that he already  had  one.   AFPC/DPSFM
states that there is not such medal as  the  Republic  of  Korea  Cease-Fire
Medal.   They  are  incorrect,  it  was  included  in   the   2003   Defense
Authorization Act  signed  by  President  Bush  in  January.   His  complete
submission is at Exhibit F.

_________________________________________________________________

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  that  would  warrant  further  corrective
action.  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
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.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2003-
00675 in Executive Session on 13 Nov 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Gregory H. Petkoff, Member
      Mr. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 11 Sep 03.
    Exhibit D.  Letter, AFPC/DPPPR, dated 1 Oct 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Oct 03.
    Exhibit F.  Letter, Applicant, dated 15 Oct 03, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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