RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02734
            INDEX CODE:  107.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to the Korean Defense
Service Medal (KDSM).

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APPLICANT CONTENDS THAT:

He was stationed in Japan and served temporary  duty  (TDY)  in  Korea
numerous times for Team Spirit and to install a new computer  program.
The combined TDYs should entitlement him to the KDSM.

In support of his request, the applicant provides a personal statement
and three statements from individuals he served with in Japan.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 Feb  71,  for  a
term of four years as an  Administrative  Specialist.   He  served  in
Japan from 2 Sep 82 to 7 Nov 86, and in Turkey from 20 Oct  77  to  25
Jul 78.  He was retired from active duty on 1 Sep 93.

His DD Form 214, Armed Forces of the United States Report of  Transfer
or Discharge, reflects award of the Meritorious  Service  Medal,  with
two Oak Leaf Clusters (OLCs), the Air Force  Commendation  Medal,  w/2
OLCs, the Air Force Good Conduct Medal, w/5 OLCs, the National Defense
Service Medal with a Bronze Star.

The KDSM is awarded for military service  in  the  Republic  of  Korea
(ROK) and surrounding waters after 28 July 1954, to a date to be
determined by the Secretary of Defense.  Individuals  must  have  been
assigned, attached, or mobilized to units operating or serving on  all
the land area of the ROK, and the contiguous waters out to 12 nautical
miles, and all airspace above all the land area of  Korea  and  waters
areas.  To  be  eligible  for  the  KDSM,  personnel  must  have  been
physically present in the areas above for 30 consecutive  days  or  60
nonconsecutive days.  Service member must have been assigned, attached
or mobilized to units operating in the  area  of  eligibility  for  30
consecutive or 60 nonconsecutive days.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial and states,  in  part,  that  a  thorough
review of the applicant’s military personnel records did  not  provide
any evidence to substantiate that he served in Korea.

The AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR  recommends  denial  and  states,  in  part,  no  official
documentation was provided or  located  that  verified  the  applicant
served in Korea.

The Directorate of Assignments (DOA) was unable to verify he  was  TDY
to Korea, for 30 consecutive or 60 nonconsecutive days to be  eligible
for award of the KDSM.  He did not receive Foreign Service credit  for
Korea from the DOA.

The AFPC/DPSIDR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was stationed at Kadena AB, Japan from Sep 82 to Nov  86.   He  was
assigned to the Civil Engineering Group.  His unit went TDY  to  Korea
every year numerous times for Team Spirit.  He also went TDY  to  Osan
AB, Korea to help install a new computer program.

He provided supporting statements from individuals concerning his TDYs
to  Korea.   Adding  all  the  TDYs  together,  he   has   more   than
60 nonconsecutive days in Korea, and should be awarded the KDSM.

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

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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.  The evidence of record  did  not
sufficiently  establish  that  the  applicant  meets  the  established
criteria of 30 consecutive days or 60  nonconsecutive  days  providing
support in the area of operation for award of  the  KDSM.   The  Board
acknowldges the statements provided  in  support  of  the  applicant’s
request; however, the majority of the Board is not persuaded  by  this
evidence that he has overcome the view expressed  by  the  offices  of
primary responsibility.  We took notice of  the  applicant’s  complete
submission in judging the merits of the case, however; the majority of
the Board agrees with the opinions  and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our conclusion the applicant has not been the victim  of
an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, the majority of the  Board  finds  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.

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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-
02734 in Executive Session on 4 Dec 08, under the provisions of AFI 36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Mark J. Novitski, Member
                 Ms. Michelle M. Rachie, Member

A majority of the Board voted to deny the  application.   Mr. Novitski
voted to correct the records but elected  not  to  submit  a  minority
report.  The following  documentary  evidence  was  considered  Docket
Number BC-2008-02734:

      Exhibit A. DD Form 149, dated 15 Jul 08, w/atchs.
      Exhibit B. Applicant’s Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAPP, dated 14 Oct 08.
      Exhibit D. Letter, AFPC/DPSIDR, dated 20 Oct 08.
      Exhibit E.       Letter, SAF/MRBR, dated 7 Nov 08.
      Exhibit F. Letter, Applicant, dated 13 Nov 08, w/atchs.





      THOMAS S. MARKIEWICZ
      Chair