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AF | BCMR | CY2008 | BC-2007-03994
Original file (BC-2007-03994.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03994
            INDEX CODE:      107.00
XXXXXXX     COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Korea Defense Service Medal (KDSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Standard Form 600, Chronological Record of Medical  Care  shows  he  was
assigned in the Republic of Korea.  The Air Force  Personnel  Center  (AFPC)
indicated the 6043rd USAF Dispensary did not exist.  He  states  it  had  to
exist because he was assigned there.  This is a gross  error  and  injustice
to him.

In support of his request, the applicant submitted a personal letter,  email
correspondence and documentation extracted from his military  personnel  and
medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted  on  active  duty
on 23 September 1953.

On 14 November 1963, he was honorably discharged  in  the  grade  of  airman
first class (E-4).  He served 10 years, 1 month and 22 days on active duty.

The Korean Defense Service Medal (KDSM) is awarded to  personnel  physically
present in the in the Republic of Korea and the surrounding  waters  for  30
consecutive or 60 nonconsecutive days, or must meet one  of  the  following:
(1) Be engaged in actual combat during an armed  engagement,  regardless  of
the time in the areas of eligibility.  (2) Be 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 or 60 day requirement. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states a medical document located  in
the applicant's record indicates he was treated by  a  medical  facility  at
the 6043rd  USAF  Dispensary  in  Korea;  however  it  does  not  verify  60
nonconsecutive days of service in  Korea.   He  has  been  informed  several
times by DPSIDR of his ineligibility for the award of the KDSM between  2004
and 2005.  The Directorate of Assignments (DOA) was contacted on  31  August
2005, for verification and found no evidence of the  6043rd.   The  DOA  was
unable  to  verify  his  temporary  duty  (TDY)  assignment  to  Korea.   On
September 2005, DPSIDR contacted the Air Force  Historical  Research  Agency
for information on the 6043rd and they  were  unable  to  verify  this  unit
existed.  There was no official documentation provided  or  located  in  his
records that verifies  he  completed  the  required  30  consecutive  or  60
nonconsecutive days to be eligible for award of the KDSM.

The complete DPSIDR 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  25
January 2008 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, we are not  persuaded  his
records should be corrected to show he was awarded the KDSM.  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 the evidence presented  did  not  demonstrate  the
existence of  material  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-2007-
03994 in Executive Session on 27 February 2008, under the provisions of  AFI
36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Dee R. Reardon, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-03994 was considered:

    Exhibit A.  DD Form 149, dated 25 October 2007, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSIDR, dated 16 January 2008.
    Exhibit C.  Letter, SAF/MRBR, dated 25 January 2008.





                                   MICHAEL J. MAGLIO
                                   Panel Chair

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