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AF | BCMR | CY2009 | BC-2008-02405
Original file (BC-2008-02405.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-02405
                             INDEX CODE:  111.01
      XXXXXXX                    COUNSEL:  NONE
                                 HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show service in Korea and that  he  was  awarded
the Korean Service Medal (KSM)

________________________________________________________________

APPLICANT CONTENDS THAT:

He was entitled to the KSM and did not receive it.

In support of his request, the applicant provided a  copy  of  his  DD  Form
214, Report of Separation from the Armed Forces of the United States and  NA
Form 13059, Transmittal of and/or Entitlement to Awards.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted  on  active  duty
on 27 July 1950.

On 14 September 1953, he was honorably discharged in  the  grade  of  airman
first class (E-3).

He served 3 years, 1 month and 18 days on active duty.

The KSM is awarded for service between 27 June 1950 and 27 July  1954  under
and of the following conditions: Within the territorial limits of  Korea  in
waters immediately adjacent thereto: Or with a unit  under  the  operational
control of the Commander-in-Chief (CIC), Far East, other  than  those  units
within the territorial limits of Korea, which has  been  designated  by  the
CIC, 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.

________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states after a thorough review  of  the
applicant’s records they find no evidence he was TDY or assigned to Korea.

The complete DPAPP evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on  3  October
2008, for review and response within 30 days.  As of this date, no  response
has been received by this office (Exhibit C).

________________________________________________________________

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 find no evidence,  that
his records should be corrected to show he served in Korea  or  was  awarded
the KSM.  As such, 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.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of  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-
2008-02405 in Executive Session on 18 November 2008, under the provisions
of AFI 36-2603:

                 Mr.  Gregory A. Parker, Panel Chair
                 Mr.  Jeffery R. Shelton, Member
                 Ms.  Karen A. Holloman, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2008-02405 was considered:

   Exhibit A.  DD Form 149, dated 7 June 2008, w/atchs.
   Exhibit B.  Letter, AFPC/DPAPP, dated 4 August 2008.
   Exhibit C.  Letter, SAF/MRBR, dated 3 October 2008.




                                   GREGORY A. PARKER
                                   Panel Chair


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