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AF | BCMR | CY2008 | BC-2007-04060
Original file (BC-2007-04060.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04060
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Korea from August 1954 through August 1955.

In support of his appeal, he submitted a copy of his DD Form  214,  his  NGB
Form 522 and documents extracted from his military personnel records.

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.

An AF Form 183, Morning Report reflects he  was  pending  reassignment  from
Suwon, Korea on 8 Jul 55.

He submitted a request for award of the Korean Service Medal (KSM) on  8 Sep
07 and the Air Force Board  for  Correction  of  Military  Records  (AFBCMR)
denied the request on 13 Feb 08 based on the fact that  his  entitlement  to
the award could not be verified.

The National Personnel Records Center (NRPC) forwarded him the  KDSM,  using
NA Form 10359, dated 15 Jul 08.  On 7 Aug 08, DPSIDR informed the  applicant
of the error made by the NPRC in authorizing the KDSM without verification.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the KSDM  was  approved  by
the Department  of  Defense  (DoD)  in  February  2004  to  active  duty  AF
personnel  for  military  service  in  the  Republic  of  Korea  (ROK)   and
surrounding waters after 28 Jul 54  to  a  date  to  be  determined  by  the
Secretary of Defense.  Service members must have  been  assigned,  attached,
or mobilized to units operating or serving on all  the  land  areas  of  the
ROK, and contiguous waters out to 12 nautical miles, and all airspace  above
all the land area of Korea and water areas.  The service  member  must  have
been physically present in the areas of  Korea  for  30  consecutive  or  60
nonconsecutive days.

HQ AFPC/DPSIDR's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he has  submitted
documentation to prove he was in Korea and did earn the KDSM (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or  injustice.   After  our  review  of  the  evidence
presented, we believe favorable consideration of the applicant’s request  is
warranted.  We note that the Air  Force  office  of  primary  responsibility
does not find  that  the  documentation  in  the  applicant’s  reconstructed
record conclusively substantiates his eligibility for  award  of  the  KDSM.
However, it is our opinion that the documentation contained  in  the  record
establishes reasonable doubt as to whether  or  not  he  served  a  tour  in
Korea.  Accordingly, we believe the benefit of doubt in this  matter  should
be resolved in his favor and recommend  his  records  be  corrected  to  the
extent indicated below.

________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he was  awarded  the  Korean  Defense
Service Medal.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
04060 in Executive Session on 5 Nov 08 under the provisions of AFI 36-2603:

                       Ms. Charlene M. Bradley, Panel Chair
                       Mr. Garry G. Sauner, Member
                       Mrs. Lea Gallogly, Member

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

      Exhibit A. DD Form 149, dated 10 Dec 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSIDR, 3 Sep 08.
      Exhibit D. Letters, SAF/MRBR, dated 3 Oct 08.
      Exhibit E. Letter, Applicant, dated 9 Oct 08.




                             CHARLENE M. BRADLEY
                             Panel Chair








AFBCMR BC-2007-04060



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to         , be corrected to show he was awarded the Korean
Defense Service Medal.





  JOE G. LINEBERGER

Director

  Air Force Review Boards Agency

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