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AF | BCMR | CY2013 | BC 2013 01931
Original file (BC 2013 01931.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-01931
						COUNSEL:  NONE
    						HEARING DESIRED:  NO

________________________________________________________________
 
APPLICANT REQUESTS THAT:

He be awarded the Korean Service Medal (KSM).

________________________________________________________________
 

APPLICANT CONTENDS THAT:

He was told if he served in Korea for over six days, he would be  
awarded the KSM.  He was in Korea for one year, from 1979 to 
1980.  

________________________________________________________________
 

STATEMENT OF FACTS:

On 22 Jan 1969, the applicant entered active duty.

He served in Taegu, Republic of Korea, from 1 May 1979 to 2 May 
1980.  

On 1 Feb 1989, he retired after serving 20 years and 9 days on 
active duty.    

The KSM was awarded for service between  27 Jun 1950 and 27 Jul 
1954 under the following conditions: Within the territorial 
limits of Korea in waters immediately adjacent thereto: With a 
unit under the operational control of the Commander-in-Chief, 
Far East, other than those units within the territorial limits 
of Korea, which has been designated by the Commander-in-Chief, 
Far East, as having directly supported the military efforts in 
Korea; or was furnished an individual certificate by the 
Commander-in-Chief, Far East, testifying to material 
contribution made in direct support of the military efforts in 
Korea.

The Korean Defense Service Medal (KDSM) is given as recognition 
for military service in the Republic of Korea and the 
surrounding waters after 28 Jul 1954 and ending on such a future 
date as determined by the Secretary of Defense.  Individuals 
must have been assigned, attached, or mobilized to units 
operating or serving on 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 water areas. To be eligible 
for the KDSM, personnel must have been physically present in the 
stated areas for 30 consecutive or 60 nonconsecutive days.  

________________________________________________________________
 
AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states the applicant’s 
dates of service in Korea render him ineligible for award of the 
KSM.  His dates of service qualify him for award of the KDSM 
based on the criteria established for that award and not the 
KSM.  To grant relief would be contrary to the criteria 
established by the Department of Defense (DOD) Manual      
1348.33, Manual of Military Decorations and Awards.

Upon conclusion and final decision by the Board, AFPC/DPSID will 
administratively correct the applicant’s records to show award 
of the KDSM and Vietnam Service Medal (VSM), with one Bronze 
Service Star.  

The complete DPSID evaluation, with attachment, is at Exhibit C. 

_______________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Jul 2013 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 opinion and recommendation 
of the Air Force Office of Primary Responsibility (OPR) and 
adopt the rationale expressed as the basis for our conclusion 
that the applicant has not been the victim of an error or 
injustice.  Therefore, apart from the administrative corrections 
to show the applicant was awarded the KDSM and VSM, with one 
Bronze Service Star, we find no basis to recommend further 
relief.  

________________________________________________________________


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; 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-2013-01931 in Executive Session on 20 Feb 2014, under the 
provisions of AFI 36-2603:
	
       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Apr 2013.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 21 Jun 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jul 2013.




 
							Panel Chair

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