RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00409
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show the award of the Medal of Honor
(MOH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the MOH as he is entitled to it for actions
he took during the Korean War on 30 Oct 50. The military action
on that date was never made a part of his records.
In support of his appeal, the applicant provides a personal
statement, several letters of support including a letter from
the Military Advisor from the Republic of Korea, presenting the
applicant with the citation to accompany the award of the Wha-Rang
Distinguished Military Service Medal with Silver Star, and copies
of pertinent personnel records to include his DD Form 214, Report
of Separation from the Military of the United States.
Applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
While serving in the Korean War, on 30 Oct 50, the applicant was
assigned to the 7th Infantry Regiment, Republic of Korea Army, he
and a small force of friendly combatants that he reorganized
during a retreat risked their own lives to hold off the enemy
while the remaining members of the 7th Infantry made their way
back to friendly lines. He was wounded and captured by Chinese
forces but managed to escape and return to friendly forces three
months later.
The applicant was awarded the Wha-Rang Distinguished Military
Service Medal with Silver Star for exceptionally meritorious
service between 25 Jun and 15 Sep 50, and on 30 Oct 50.An earlier
application to the AFBCMR yielded a change to his records which
entitled him to award of the Prisoner of War Medal, the Purple
Heart Medal, and the Korean Service Medal.
He was retired for physical disability on 31 Mar 53 after having
served for 4years, 9 months, and 29 days.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial as the applicant failed to provide
adequate documentation consisting of eyewitness statements, chain
of command endorsements, and a referral by a member of Congress.
Additionally, after a review of the applicants records, DPSIDR
was unable to locate any official records, to include a special
order or recommendation, which would confirm the applicants
entitlement to the MOH.
A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation (Exhibit D) was forwarded to
the applicant on 13 May 11 for review and comment within 30 days.
As of this date, no response has been received by this office.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
SAF/MRBP addresses the applicants contention the Wha-Rang
Distinguished Military Service Medal with Silver Star is the
equivalent of the United States MOH and recommends denial as the
applicant failed to provide any evidence to substantiate his
contention. Additional research yielded that while many Korean
War Veterans received the same Korean medal as the applicant, they
were not awarded any higher decorations as a result of such award.
Based on the documentation provided, the applicant was
appropriately awarded the PH Medal and the POW Medal.
A complete copy of the SAF/MRBP evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
The applicant indicates that he was nominated for the MOH through
his Congressional representative who submitted the nomination
through proper authorities. He does not understand why a letter
from the Korean Government is not enough proof of his heroism. In
support of his response, the applicant provides an expanded
statement and copies of
_________________________________________________________________
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 with regard to his
request for entitlement to the MOH. 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 office of primary responsibility and SAF/MRBP and adopt
their rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. While we are
extremely thankful for his service and the sacrifice inherent with
such service, we simply could not find any of the required
evidence listed in the DPSIDR opinion in his application or
rebuttal. Additionally, the Secretary of the Air Force Personnel
Council (SAFPC) noted the lack of evidence indicating that the
Wharang Distinguished Military Service Medal with Silver Star,
while a prestigious award of the South Korean government, had any
connection to the MOH of any type. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-00409 in Executive Session on 17 November 2011, under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00409 was considered:
Exhibit A. DD Form 149, dated 4 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 11 Apr 11
Exhibit D. Letter, SAF/MRBR, dated 13 May 11.
Exhibit E. Letter, SAF/MRBP, dated 28 Oct 11.
Exhibit F. Letter, AFBCMR, dated 1 Nov 11.
Exhibit G. Letter, Applicant, undated, w/atchs.
Vice Chair
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