RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02959
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 MAR 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Korean Defense Service Medal (KDSM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His B-26 squadron was ordered to Korea, but diverted to England when the
Armistice was signed. It is his understanding one only had to be mobilized
for service in Korea. He further indicates even though he did not get to
Korea, there are three or four medals to cover actual Korean service.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Portions of the applicant's military personnel records were destroyed by
fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis,
Missouri. The available records indicate the following:
On 22 November 1947, the applicant, with prior service, enlisted in the Air
Force. On 1 November 1954, he was honorably discharged under the
provisions of Title I Public Law 810 - 80th Congress and Section C AFR 36-
12.
The applicant’s DD Form 214, Report of Separation from the Armed Forces of
the United States, with a separation date of 1 November 1954 reflects he
received the following decorations and medals: The National Defense
Service Medal and the Armed Forces Reserve Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating there is no proof of the applicant
serving in Korea to be eligible for Korean awards. On 29 July 2005, the
applicant was informed by the NPRC that they were unable to verify his
Korean service time. The applicant indicated “even though I didn’t get to
Korea, they have three or four medals to cover actual Korean Service, but
none who spent the war in the US.” The applicant admitted in his request
he never served in Korea.
The Air Force 8106 message implementing the KDSM shows that a key criterion
for entitlement is that the individual “must have been assigned, attached,
or mobilized to units operating or serving on all the land area of the
Republic of Korea, and the contiguous waters out of 12 nautical miles, and
all airspace above all the land area of Korea and water areas.” Unless
engaged in actual combat during an armed engagement, personnel “must have
been physically present in the areas above for 30 consecutive or
60 nonconsecutive days.
They were unable to verify the applicant served in Korea after 28 July
1954, under circumstance that would entitle him to receive the KDSM. The
Director of Assignment reviewed the applicant’s record on 25 October 2005
and was only able to verify the applicant served in England not Korea.
The evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 November 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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. 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 and adopt its
rationale as the basis for our conclusion that the applicant has not been
the victim of an error or an injustice. The KDSM is awarded to an
individual who was assigned, attached, or mobilized to units operating or
serving on all the land area of the Republic of Korea, and the contiguous
waters out of 12 nautical miles, and all airspace above all the land area
of Korea, and water areas. Unless engaged in actual combat during an armed
engagement, personnel must have been physically present in the areas above
for 30 consecutive or 60 nonconsecutive days. The Board notes portions of
the applicant’s service records were destroyed by fire in 1973 at the NPRC.
As a result, there is no indication in the available records which
indicate he served in Korea after 28 July 1954, under circumstances that
would entitle him to award of the KDSM. Also, through the applicant’s own
admission, he never served in Korea; therefore, he is not entitled to award
of the KDSM. In view of the above and in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-2005-
02959 in Executive Session on 4 January 2006, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Barbara R. Murray, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Sep 05.
Exhibit B. Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 26 Oct 05, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 18 Nov 05.
JAMES W. RUSSELL III
Panel Chair
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