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Decision Text

AF | BCMR | CY2011 | BC-2011-01396
Original file (BC-2011-01396.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01396
		COUNSEL: NONE
		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1. He be issued the Korean Defense Service Medal (KDSM) for his 
service in Korea (will be administratively corrected).

2. He be awarded the Air Medal (AM) for combat missions flown in 
the Republic of Vietnam. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

1. He served three tours in Korea during the periods Aug 59 to 
Aug 61; Jun 62 to Jul 63; and Jun 66 to Jan 68.

2. He was a flight mechanic onboard EC-135 and C-135 aircraft 
and flew on combat support missions into and across South 
Vietnam from Feb 73 to Jan 76.

In support of his request, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty and flight records. 

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

_________________________________________________________________

STATEMENT OF FACTS:

On 17 May 11, AFPC/DPSIDR notified the applicant they were able 
to verify his entitlement to the KDSM for his service with the 
2nd Aviation Battalion, Korea, from Jun 66 to Jan 68.  

The AM is awarded to United States military and civilian 
personnel for single acts of heroism or meritorious achievement 
while participating in aerial flight.  Required achievement is 
less than that required for Distinguished Flying Cross (DFC), 
but must be accomplished with distinction above and beyond that 
expected of professional airmen.  It is not awarded for peace 
time sustained operational activities and flights. 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states the applicant has 
not exhausted all administrative avenues.  On 17 May 11, he was 
provided the 1996 National Defense Authorization Act (NDAA) 
requirements. 

The Vietnam War ended on 31 Mar 73.  Missions flown between 
74 and 76, during in peace time do not support award of the AM 
for sustained operational activities or flights.

DPSIDR states the applicant did not provide, nor were they able 
to locate a special order, recommended citation, or other 
official documentation regarding award of the AM.  Additionally, 
the applicant failed to provide any official evidence to support 
award of the AM for heroism or meritorious achievements while 
participating in aerial flight.  

The complete DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Apr 12 for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response.  

_________________________________________________________________

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.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we agree with 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.  Regarding his request for entitlement to 
award of the KDSM, we note the applicant’s DD Form 214 will be 
administratively corrected to reflect this award.  Therefore, 
aside from this administrative correction, we find no basis to 
recommend granting further relief in this case.  

_________________________________________________________________

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-2011-01396 in Executive Session on 14 Aug 12, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 11, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 9 Apr 12.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Apr 12.




								
								Panel Chair

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