RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02034
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be entitled to the Korean Defense Service Medal (KDSM).
2. He be entitled to the North Atlantic Treaty Organization (NATO)
Medal-Yugoslavia.
3. He be entitled to the Humanitarian Service Medal (HSM). (Verified
by AFPC/DPSID and currently reflected on the applicants DD Form 214,
Certificate of Release or Discharge from Active Duty)
________________________________________________________________
APPLICANT CONTENDS THAT:
Based on recent authorizations or publications, he should be awarded
the aforementioned medals. These medals were either authorized after
his separation or were not processed due to his units operations
tempo at the time of his separation.
In support of his request, the applicant provides copies of his DD
Form 214, numerous temporary duty (TDY) orders, Citations, and
various documents in support of his application.
The applicants complete submission, with attachments, is at Exhibit
A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered Active Duty on 18 Oct 1990. On 29 Sep 1996, he
was honorably discharged in the grade of captain (Capt, O-3). He was
credited with 5 years, 11 months and 12 days of active duty.
The Korean Defense Service Medal was approved by the Department of
Defense in Feb 2004 and is awarded to those individuals who after 28
Jul 1954, to a future date to be determined by the Secretary of
Defense, have been assigned, attached, or mobilize to units operating
or serving in the Republic of Korea, and the contiguous waters out to
12 nautical miles, and all airspace above. To be eligible for the
KDSM, personnel must have been physically present in the stated area
for 30 consecutive or 60 nonconsecutive days.
The Secretary of Defense, with the concurrence of the Secretary of
State, may approve the acceptance and wear of NATO medals authorized
by the Secretary General of NATO and offered to the U.S.
Representative to NATO to recognize U.S. Service members who meet the
eligibility criteria specified by NATO. The very first NATO Medal
was authorized for military personnel who served under NATO command
or operation control in direct support of NATO operations in the
former Republic of Yugoslavia, from 1 Jul 1992 to 12 Oct 1998.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of primary
responsibility at Exhibit D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial of the applicants request for
entitlement to the KDSM and the NATO Medal-Yugoslavia. DPAPP states
the applicants Master Personnel Records (MPR) and the information he
provided did not contain information that reflects that he served in
the locations for which he is claiming.
The complete DPAPP evaluation is at Exhibit C.
AFPC/DPSID recommends denial of the applicants request for
entitlement to the KDSM. DPSID states that while the applicant's
records reflect he was TDY in Korea, they could not verify how long
he was in Korea; therefore, he does not meet the criteria for award
of the KDSM.
In regards to the HSM, DPSID states that after a thorough review of
the applicant's MPR, they were able to verify award of the HSM as
currently annotated on his DD Form 214.
In regards to the NATO medal, DPSID states that to obtain award of
the NATO Medal, personnel must apply to NATO as the approval
authority. Personnel must provide the United States National
Military Representative at Supreme Headquarters Allied Powers
Europe (SHAPE) via e-mail at usnmr@,eur.army.mil the following
information: date of birth, name, social security number, rank,
nationality, branch of service, unit with which deployed to
theater, location in which unit engaged, number of days claimed
towards eligibility for medal (over 30 days required), and the
time frame served.
The complete DPSID evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 1 Oct 2012, copies of the Air Force evaluations were forwarded to
the applicant for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. With the exception of the request for the NATO Medal-Yugoslavia,
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 to warrant correcting his records
to reflect entitlement to the NATO Medal-Yugoslavia. We note the
applicants records already reflect that he was awarded the HSM, as
annotated on his DD Form 214. Therefore, no correction is
necessary. However, in regards to the applicants request for
entitlement to the NATO Medal-Yugoslavia, we find no evidence that he
has ever contacted NATO, the approval authority, to request the
medal. Prior to submitting an application for correction of military
records, an applicant must first exhaust all available avenues of
administrative relief and we find no evidence that he has done so.
Therefore, in the absence of evidence to the contrary, we find no
basis to consider this portion of his application.
4. Notwithstanding the above, sufficient relevant evidence has been
presented to demonstrate the existence of an error or injustice to
warrant correcting the applicants records to reflect his entitlement
to the KDSM. In this respect, we note the applicant provided TDY
orders to Korea for 90 days. In view of this and noting the KDSM
criteria, we recommend his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was awarded the
KDSM.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 Jan 2013, under the provisions of AFI 36-
2603:
Panel Chair
Member
Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2012-
02034:
Exhibit A. DD Forms 149, dated 2 May 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 20 Jul 2012.
Exhibit D. Letter, AFPC/DPSID, dated 4 Sep 2012.
Exhibit E. Letter, SAF/MRBR, dated 1 Oct 2012.
Panel Chair
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