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AF | BCMR | CY2006 | BC-2005-02531
Original file (BC-2005-02531.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02531
            INDEX CODE:  107.00
      xxxxxxxxxxxxx    COUNSEL:  NONE

      xxxxxxxxxxxxx    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 SEP 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded  the  Korean  Service
Medal (KSM), the Korean War  Service  medal  (KWSM),  Korean  Defense
Service Medal (KDSM), and the French Croix de Guerre.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not issued medals for his involvement in the  Korean  Conflict
and the French Croix de Guerre was not awarded  to  him  due  to  his
being on rest and relaxation (R&R) at the time  of  issuance  to  the
crew members.

In  support  of  his  request,  the  applicant  submits  a   personal
statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s military personnel records were destroyed by  fire
in 1973.  The available records reflect he entered the Army  Air  Corp
on 21 August 1943 and was released from active  duty  on  30  November
1945.  He was recalled to active on 5 March 1951 and served until  his
release on 31 March 1953.

His WD AGO Form, 53-98, Military  Record  and  Report  of  Separation
Certificate of Service, reflects an honorable discharge, and overseas
tours  in  Southern  France,  Normandy,  Northern  France,  Ardennes,
Rhineland and Central Europe.  He  earned  the  Distinguished  Flying
Cross and The Air Medal w/6 Oak Leaf Clusters (OLCs).

On 20 October 2003, his records were corrected to  reflect  award  of
the European-African Middle Eastern Campaign Medal w/1 Silver Service
Star and one Bronze Service Star, the American  Campaign  Medal,  the
National Defense Service Medal, and the World War II Victory Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFPC/DPPPR recommends denial.  DPPPR states  for  entitlement  to
the KWSM, a service member must have served in the  land,  water,  or
airspace of Korea during the Korean conflict 25 June 1950 to  27 July
1953.  This is established when the member provides  proof  of  being
awarded the KSM and United Nations Service Medal (UNSM)  for  Service
in the Korean conflict.

DPPPR states the French Croix de Guerre was  awarded  by  the  French
Government during World War II and the applicant must apply for  this
foreign award through the French Consulate.

According to DPPPR, the  applicant’s  record  was  forwarded  to  the
Office of Assignment on 25 September 2003 to confirm the  applicant’s
foreign military Service.  The Office of Assignments verified foreign
military service only in Guam from 15 June 1952 to 23 September 1952.
 The applicant was an aircraft observer bombardier  assigned  to  the
99th Bomb Squadron, 9th Bomb  Wing,  Travis  AFB,  CA  and  was  sent
temporary duty (TDY) to Guam from 15 June 1952 to 23 September  1952.
DPPPR was unable  to  find  any  documentation  to  substantiate  the
applicant was  forward  deployed  from  Guam  to  Korea,  making  the
applicant ineligible for the KSM, the KDSM, and the KWSM.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on
3 Dec 05, for review and comment within 30 days.  As  of  this  date,
this office has received no response.

_________________________________________________________________

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 an  error  or  injustice.   The  applicant  has  not
submitted nor does his military record have documentation  to  verify
his eligibility for award of the Korean Service Medal, the Korean War
Service Medal or the Korean Defense Service Medal.   The  Board  also
notes the French Croix de Guerre was awarded by the French Government
during World War II and the applicant must  apply  for  this  foreign
award through the French Consulate.   We agree with the opinions  and
recommendations of the Air Force office of primary responsibility and
adopt its  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 a 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 Docket Number  BC-2005-
02531 in Executive Session on 18 January 2005, under  the  provisions
of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Aug 03, w/atchs.
      Exhibit B. Applicant's Available Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 12 Oct 05.
      Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.





      KATHLEEN F. GRAHAM
      Panel Chair





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