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AF | BCMR | CY2008 | BC-2007-03074
Original file (BC-2007-03074.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03074
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Korean  Service
Medal (KSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Korea from Keesler Air Force Base.

In support of his appeal, he submitted a copy of  his  DD  Form  214,
extracts from his military personnel records and a copy  of  his  NGB
Form 22.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records reflect he served on active duty  from  14 Aug
53 to 13 Aug 57.  His DD Form 214 reflects his Foreign Service  as  11
months and 13 days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends the  requested  relief  be  denied.   DPSIDR
states the KSM was awarded to servicemembers for  service  between  27
Jun 50 and 27 Jul 54 within the territorial limits of Korea, in waters
immediately adjacent thereto; or with a  unit  under  the  operational
control of the Commander-in-Chief, Far East, other  than  those  units
within the territorial limits of Korea, which has been  designated  by
the Commander-in-Chief, Far East, as  having  directly  supported  the
military efforts in Korea; or was furnished an individual  certificate
by  the  Commander-in-Chief,  Far   East,   testifying   to   material
contribution made in direct support of the military efforts in  Korea.
Special Order Number 237 provided by the applicant reflects  debarking
from Japan.  The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 30 Nov 07, 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, in our opinion the applicant has failed to sustain his burden
of proof of either an error or injustice in this case.  The  applicant
contends that because he served in Korea he should be awarded the KSM.
 Eligibility criteria for award of the KSM specifies that  the  period
of service must be between 27 Jun 50 and 27 Jul 54.  While he may have
indeed served  in  Korea,  documentation  contained  in  his  military
records reflects he arrived  in  August  1954,  after  the  period  of
eligibility.  Therefore, in the absence of official  documentation  to
the contrary we find no compelling basis  to  recommend  granting  the
relie 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-
2007-03074 in Executive Session on 13 Feb 08 under the  provisions  of
AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Barbara J. Barger, Member
                       Mr. James L. Sommer, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-03074 was considered:

      Exhibit A. DD Form 149, dated 17 Sep 07, w/atchs.
      Exhibit B. Available Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSIDR, 6 Nov 07.
      Exhibit D. Letter, SAF/MRBR, dated 30 Nov 07.




                             JAMES W. RUSSELL III
                             Panel Chair

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