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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