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AF | BCMR | CY2011 | BC-2010-04082
Original file (BC-2010-04082.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-04082

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  award  of  the  Korean  Defense
Service Medal (KDSM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The KDSM was issued in 2002 after his DD  Form  214  was  issued.   He
applied for the KDSM and  was  informed  that  his  records  had  been
destroyed in the fire of July 1973.

In support of his request, the applicant provides a  copy  of  his  DD
Form 214, Armed Forces of the United  States  Report  of  Transfer  or
Discharge, a letter from the National  Personnel  Records  Center,  NA
Form  13059,  Transmittal  of  and/or  Award  Entitlement  to  Awards,
Department of the Army Envelope addressed to the applicant,  a  signed
waiver  in  order  to  volunteer  in  Korea,  photographs,   newspaper
clipping, and post card for crossing the international  date  line  in
1955.

The applicant's complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military records were destroyed in 1973  by  fire  at  the
National Personnel Records Center (NPRC), St Louis, MO.

The applicant’s DD Form 214 reflects that he  served  on  active  duty
from 10 Dec 53 to 9 Dec 57.  His DD  Form  reflects  that  he  had  10
months and 20 days of foreign service.

On 29 Nov 10, AFPC/DPAPP  informed  the  applicant  that  because  his
records were destroyed in the fire, they  were  unable  to  thoroughly
review his military records.  DPAPP further  requested  the  applicant
provide official  source  documentation,  such  as,  travel  vouchers,
evaluation reports, letters of evaluation, decorations,  to  show  the
location and number of days he served in Korea.

The KDSM is awarded to service members who were assigned, attached, or
mobilized to units operating or serving on all the land  area  of  the
Republic of Korea, and the contiguous waters out to 12 nautical miles,
and all airspace above  the  stated  land  and  waters  areas.  To  be
eligible for the KDSM, the service members must have  been  physically
present in the stated areas for 30 consecutive  or  60  nonconsecutive
days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPAPP  recommends  denial.   DPAPP  states  a  review  of  the
information provided appears to show the applicant was  in  Korea  for
over 30 days, however, the documents do not provide absolute proof  he
was there for that amount of time.

The complete HQ AFPC/DPAPP evaluation is at Exhibit C.

HQ AFPC/DPSIDR recommends denial. DPSIDR states  that  although  DPAPP
verified the applicant served in Korea, they were unable to verify  he
met the minimum time requirement.

The complete HQ AFPC/DPSIDR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He received his Korean Bonus from the  Commonwealth  of  Massachusetts
for his  service  in  Korea.   He  believes  if  the  Commonwealth  of
Massachusetts recognized his Korean service it would  only  seem  fair
the Air Force should also.

The applicant’s response, with attachment, is at Exhibit F.

_________________________________________________________________

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.  It is our opinion the documentation
provided by the applicant (the signed waiver to  volunteer  in  Korea,
post card for crossing the international date line in  1955,  and  the
state of Massachusetts form reflecting his Korean service) establishes
reasonable doubt as to whether or not he served in Korea for  over  30
days.  Based on a totality of the evidence presented, we believe  that
benefit of the  doubt  in  this  matter  should  be  resolved  in  the
applicant’s favor.   Therefore,  we  recommend  that  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-
2010-04082 in Executive Session on 14 Ju1 11, under the provisions  of
AFI 36-2603:

            , Panel Chair
            , Member
            , Member

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

      Exhibit A. DD Form 149, dated 6 Sep 10, w/atchs.
      Exhibit B. Applicant's Reconstructed Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPAPP, dated 3 Mar 11.
      Exhibit D. Letter, HQ AFPC/DPSIDR, dated 17 Mar 11.
      Exhibit E. Letter, SAF/MRBR, dated 8 Apr 11.
      Exhibit F. Letter, Applicant, dated 15 Apr 11, w/atch.





                             Panel Chair

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