RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01604
            INDEX CODE:  107.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to the  Armed  Forces
Expeditionary Medal (AFEM) for  his  involvement  in  the  1958 Taiwan
crisis.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served in Taiwan while he  was  a  member  of  the  728th  Airborne
Control and Warning Squadron.

In support of his request, the applicant submits, a  copy  of  his  DD
Form 214, Armed Forces of the United  States  Report  of  Transfer  or
Discharge, Special Orders A-653 and A-792, and a Message to  the  U.S.
Armed Forces in China from the National Assembly of  the  Republic  of
China.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by  fire  at
the  National  Personnel  Records  Center   (NPRC)   in   1973.    His
reconstructed records reflect that he enlisted in  the  Air  Force  on
22 Aug 55 for a term of four years, and was progressively promoted  to
the grade of airman second class.  He was discharged  on  21  Aug  59,
under the  provisions  of  AFM  39-10,  Administrative  Separation  of
Airmen, and received an honorable discharge service  characterization.
He served a total of four years active duty service.

His DD 214 indicates award of the Good Conduct Medal,  and  one  year,
six months, and six days Foreign Service.
The AFEM is awarded to members of the United States armed forces  who,
after 1  Jul  58,  have  participated  in  a  United  States  military
operation and encountered foreign armed opposition, or were in  danger
of hostile action by foreign armed forces.

In accordance  with  DoD  Manual  1348.33-M:6-7,  Manual  of  Military
Decorations and Awards, you must be  engaged  in  direct  support  for
30 consecutive days in the area of operations or for 60 nonconsecutive
days provided this support involves entering the area of operation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial and states, in part, that based on  their
review and the documentation available they cannot  confirm  that  the
applicant forward deployed to Taiwan from Clark AB, Philippines.

He provided a temporary duty (TDY) order, which lists him  as  one  of
the individuals who were being sent TDY  for  operation  X-Ray  Tango.
This TDY order deployed all personnel to Clark AB Philippines (APO74).
 There are no other documents available.   The  Air  Force  Historical
Research Agency (AFHRA) was contacted to see  if  unit  records  could
prove helpful in determining his request.

The AFHRA provided input  which  confirms  the  deployment,  but  also
indicates that while some individuals were also  forward  deployed  to
operational locations, a large number of personnel stayed at Clark AB,
for the duration of the TDY.  There is no way to  determine  with  any
certainty which category he falls in, those who remained at  Clark  or
those who forward deployed.

In  addition,  without  more  documentation  it  is  not  possible  to
determine  whether  or  not  the  amount  of  Foreign  Service  credit
reflected on his DD Form  214  includes  this  deployment.   Based  on
information from the AFHRA, they calculated the period of the  TDY  to
be 98 days, or 3 months, 8 days.

The AFPC/DPAPP evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of the appeal, the applicant submits a  copy  of  a
personal letter from a missionary’s  daughter  he  received  after  he
returned from Taiwan,  two  personal  letters  from  Pope  AFB,  North
Carolina to Formosa, a receipt for his mother’s present,  a  cigarette
ration card, and a receipt for a bed at APO 142 in the
same time period.  He also provided a picture of a hat that  his  unit
designed, and had made.

The applicant’s complete response, with attachments, is at Exhibit D.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and  states,  in  part,  that  they  are
unable to verify the applicant served the required 30  consecutive  or
60 nonconsecutive days to be eligible for award of the AFEM.

The Directorate of Assignments has confirmed that he  participated  in
the Taiwan crisis from at least 12 Nov 58 through 6 Dec 58.

The AFPC/DISIDR evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

As he previously stated, he arrived  in  Taiwan  on  20  Sep  58.   In
further support of the  appeal,  he  submits  copies  of  two  letters
written in Oct 58, addressed to him at APO 63, Area  2 CSAF  from  the
United States.  One of the letters  is  from  a  friend.   The  second
letter is from his cousin,  who  was  stationed  at  Pope  AFB,  North
Carolina.  Both letters refer to Formosa.

The applicant’s complete response, with attachments, is at Exhibit G.

_________________________________________________________________

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 an error or injustice.  The evidence of record  could
not sufficiently establish with certainty that the applicant meets the
established criteria of 30 consecutive days or 60 nonconsecutive  days
of providing direct support in the area of operation  to  qualify  for
award of the  AFEM.   We  took  notice  of  the  applicant’s  complete
submission in judging the merits of the case, however; we  agree  with
the opinions and recommendations of the Air Force offices  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.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-2008-
01604 in Executive Session on 19 Nov 08, under the provisions  of  AFI
36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. Anthony P. Reardon, Member
                 Mr. James G. Neighbors, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Apr 08, w/atchs.
      Exhibit B.       Letter, AFPC/DPAPP, dated 24 Jun 08, w/atchs.
      Exhibit C. Letter, SAF/MRBR, dated 25 Jul 08.
      Exhibit D. Letter, The Virginia Department of Veterans Services,
                 dated 22 Aug 08.
      Exhibit E. Letter, AFPC/DPSIDR, dated 22 Sep 08.
      Exhibit F.       Letter, SAF/MRBR, dated 26 Sep 08.
      Exhibit G. Letter, Applicant, dated 10 Oct 08, w/atchs.





      WAYNED R. GRACIE
      Panel Chair