RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01376
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be  corrected  to  show  he  was  awarded  the  Air  Force
Commendation Medal (AFCM) with one oak leaf  cluster  (1OLC)  and  the
Korean  Defense  Service  Medal  (KDSM)  and  the   Washington   State
Commendation Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was presented these awards after his retirement from the Air Force.


In support of his request, the applicant provided a  copy  of  his  DD
Form 214, Certificate of Release or Discharge from Active Duty, a copy
of his award and citation awarding him the AFCM and a copy of National
Guard Bureau Form 22 (NGB Form 22).

His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force 21 November 1952 for a
period of four years.  He was discharged with an  honorable  discharge
on 31 January 1989.  He had 21 years, 11 months and 10 days  of  total
active service.

The Department of Defense (DoD) approved the KDSM to USAF Active Duty,
ANG, AF Reserve personnel for military  service  in  the  Republic  of
Korea (ROK) and surrounding waters after 28 July 1954 to a date to  be
determined by the Secretary  of  Defense.  Individual  eligibility  is
member must have  been  assigned,  attached,  or  mobilized  to  units
operating or serving on  all  the  land  area  of  the  ROK,  and  the
contiguous waters out to 12 nautical miles, and all airspace above all
the land area of Korea and water areas. To be eligible for  the  KDSM,
personnel must have been physically present in the areas above for  30
consecutive days or  60  nonconsecutive  days,  or  meet  one  of  the
following criteria: 1. Be engaged in actual  combat  during  an  armed
engagement, regardless of the time in the areas of  eligibility.    2.
Killed, wounded, or injured in the line of duty and  required  medical
evacuation from the area of eligibility.   3. While participating as a
regularly assigned aircrew member flying sorties into, out of, within,
or over the area of eligibility in  support  of  military  operations.
Each day that one or more sorties are flown in accordance  with  these
criteria shall count as one day toward the 30/60 day requirement.   4.
Personnel who serve(d) in operations and exercises  conducted  in  the
areas of eligibility are considered eligible for  the  Korean  Defense
Service Medal as long as the  basic  time  criteria  is  met.  Due  to
extensive time period  for  eligibility,  the  nonconsecutive  service
period  for  eligibility  remains  cumulative  throughout  the  entire
period.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPR recommends denial.  DPAPR states after a through review  of
the record they were not able to locate a special order  awarding  him
the AFCM.  In addition, to be eligible for the  KDSM,  personnel  must
have been physically present in the areas  above  for  30  consecutive
days or 60 nonconsecutive days.  The applicant was TDY to Korea for 10
days; therefore, the applicant is not eligible for the  award  of  the
KDSM.

The complete AFPC/DPAPP evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1
September 2006 for review and comment within  30  days.   As  of  this
date, this office has received no response (Exhibit D).

_________________________________________________________________

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
available evidence and the applicant’s complete submission, the  Board
is not persuaded that his records should be corrected to show  he  was
awarded the Korean Defense  Service  Medal  or  the  Washington  State
Commendation Medal.  The applicant was TDY to Korea for only 10  days;
therefore, the applicant is not eligible for the award of the KDSM. In
addition,  AFI  36-3202,  Separations  Documents,  Table  4,  Rule  23
indicates state awards are not recorded on  the  DD  Form  214;  as  a
result, the applicant’s State Commendation Medal was not listed on his
DD Form 214.  However, it is properly  listed  on  the  NGB  Form  22.
Therefore, 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.   In  the  absence  of  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

4.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or an  injustice  to  warrant  awarding  the
applicant the Air Force Commendation Medal (AFCM). While the applicant
was unable to provide a copy of his order  approving  the  award,  the
evidence provided has led us to believe that he did receive  the  AFCM
upon his retirement from the Air Force.  In view of the above  and  in
order to resolve any injustice to the applicant, we recommend that his
records be corrected in the following manner.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 7  February  1989,
he was awarded  the  Air  Force  Commendation  Medal  for  meritorious
service during the period 11 July 1987 through 31 January 1989.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-01376
in Executive Session on 3 October 2006, under  the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Todd L. Schafer, Member
                 Ms. Elwood C. Lewis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 April 2006, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 23 August 2006.
      Exhibit D. Letter, SAF/MRBR, dated 1 September 2006.



      THOMAS S. MARKIEWICZ
      Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]



Office of the Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX

XXXXXXX

XXXXXXX

Dear XXXXXXX

      Reference your application, AFBCMR BC-2006-00686, submitted
under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant
evidence for consideration by the Board.  In the absence of such
additional evidence, a further review of your application is not
possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREG E.
JOHNSON.
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings