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AF | BCMR | CY2006 | BC-2006-02063
Original file (BC-2006-02063.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BV-2006-02063
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                            HEARING DESIRED: NOT INDICATED


MANDATORY CASE COMPLETION DATE:  14 Jan 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be considered for award of the Korean Defense Service Medal (KDSM).

________________________________________________________________

APPLICANT CONTENDS THAT:

His original tour of duty was extended for one year due to the  conflict  in
Korea.  He further states that he served with  the  305th  Bomb  Group  that
left the CONUS in 1950 for Okinawa, and  that  he  was  stationed  stateside
with the Bomb Group that serviced  B-29  and  B-50  bombers  which  replaced
aircraft badly damaged or lost  over  Korea  until  his  tour  of  duty  was
completed in 1952.

In support of his request, applicant provided copies of his DD  Form  214/DD
Form 215, a document from the Commonwealth of Massachusetts  signed  by  the
Governor thanking him for his performance of duties in the Korean  War,  and
a copy of his DD Form 256 AF, Honorable Discharge from the Air Force.

The applicant's complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

In February 2004, the Department of Defense approved the KDSM for  award  to
Air Force Active Duty, Reserve, and Guard personnel in recognition of  their
military service in the Republic of Korea (ROK) after  28  July  1954  to  a
date to be determined by the Secretary of Defense.   Individuals  must  have
been assigned, attached, or mobilized to units operating or serving  on  all
the land area of the ROK, the contiguous waters out to  12  nautical  miles,
or all airspace above all the land area of Korea and the  water  areas.   To
be eligible for award of the KDSM, individuals  must  have  been  physically
present in the above areas for  30 consecutive  days  or  60  nonconsecutive
days.

Applicant served on Active Duty from 27 August 1948 until his  discharge  on
26 July 1952.  His DD Form 214 does not indicate any foreign service  during
this period and the only decoration indicated is  the  Good  Conduct  Medal.
AFPC/DPPPR has verified his entitlement  to  the  National  Defense  Service
Medal (NDSM) and a DD Form 215 has been prepared to correct his DD Form  214
to add the NDSM.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial  since  no  foreign  service  is  listed   on
applicant’s  DD  Form  214  and  the  office  of  Assignments  has  verified
applicant was not in Korea;  therefore,  applicant  is  ineligible  for  the
award.

The AFPC/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  15
September 2006 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  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  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 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-2006-02063
in Executive Session on 16 November 2006, under the provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James A. Wolffe, Member
      Mr. James L. Sommer, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 May 06, w/atchs
    Exhibit B.  Applicant's Master Personnel Records
    Exhibit C.  Letter, AFPC/DPPPR, dated 15 Sep 06
    Exhibit D.  Letter, SAF/MRBR, dated 29 Sep 06




                                   THOMAS S. MARKIEWICZ
                                   Chair

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