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AF | BCMR | CY2008 | BC-2007-03809
Original file (BC-2007-03809.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03809
                                             INDEX CODE:  107.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect any combat medals he is entitled  to
for his service in a combat zone in Korea.

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 does not list any combat awards for his service in Korea.

In support of his appeal, he has provided copies of his DD Form  214,  dated
26 June 1952, and a letter from his commanding officer, dated  27  September
1951, stating that he was in the combat zone  of  Korean  Operations  on  15
September 1951.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant served as a B-26 Navigator-Bomber from 5 November  1942  until
16 April 1946.  On 24 July 1950,  he  was  appointed  a  major  in  the  Air
National Guard and entered active duty on 10 October 1950.  He was  released
from active duty on 26 June 1952, and is entitled to the Air  Force  Reserve
Medal, the Soldiers Medal with one Oak Leaf  Cluster,  the  Air  Medal  with
12 Oak Leaf Clusters, and  the  European  Theater  Ribbon  with  two  Battle
Stars.

AFPC/DPSIDR  has  verified  the  applicant’s  entitlement  to  the  National
Defense Service Medal (NDSM) and has taken action  to  update  his  military
personnel record.

Although he did not request his DD Form 214 be updated to show his Prisoner-
Of-War (POW)  status  and  entitlement  to  the  POW  Medal,  AFPC/DPFC  has
verified his POW status and taken action to
correct his DD Form 214 to show he was a POW from 29  May  1944  to  29  May
1945, and entitled to the POW Medal.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends disapproval of the award of the Korean Service  Medal
(KSM).   The  KSM  is  awarded  for  completion  of  30 consecutive  or   60
nonconsecutive days, and the documentation provided only verifies  that  the
applicant was in Korea on 15 September 1951.

The AFPC/DPSIDR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He has a dual rating of Bombardier-Navigator and, on 29 May 1943,  their  B-
26 crashed and burned in England.  His actions saved  everyone’s  lives  and
he was awarded the Soldier’s Medal.  On his release from  the  hospital,  he
was promoted to one of the GPs Lead Crews.  On 29 May 1944,  he  bailed  out
at twelve thousand feet and became a POW.

He was appointed as the commanding officer of a ground unit on  26  February
1951.  His commanding officer was aware of his record, made it possible  for
him to maintain his flying status, and  gave  him  additional  flight  duty.
Upon his arrival in Japan, there was a shortage of navigators  and  he  thus
made frequent flights on various missions, including  one  in  a  B-29  over
North Korea.  The units he was “loaned to” kept all of the  flight  records,
and all he has is the 27 September 1951 letter certifying his  service  over
Korea.

The applicant’s complete submission, with attachment, is at Exhibit E.

________________________________________________________________

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 their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   We
note that the applicant’s records have been  administratively  corrected  to
reflect his POW status and his entitlement to the POW Medal  and  the  NDSM;
however, there is no documentation in  his  military  personnel  records  to
verify his entitlement to the KSM, and the documentation  provided  verifies
that he was in Korea  for  only  one  day.   Should  the  applicant  provide
documentation  to  verify  that  he  was  in  Korea  for  30 consecutive  or
60 nonconsecutive days, we will reconsider his application.   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-2007-03809
in Executive Session on 28 February 2008, under the provisions  of  AFI  36-
2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. Anthony P. Reardon, Member
                       Ms, Debra K. Walker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Nov 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPSIDR, dated 14 Jan 08, w/atchs.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 14 Jan 08.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Feb 08.
    Exhibit E.  Letter, Applicant, dated 5 Feb 08, w/atch.




                                   LAURENCE M. GRONER
                                   Panel Chair

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