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AF | BCMR | CY2013 | BC 2013 04393
Original file (BC 2013 04393.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04393
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

1.  He be awarded the Korean Service Medal (KSM).

2.  He be awarded the National Defense Service Medal (NDSM).
	  (Administratively Corrected)

3.  He be awarded the United Nations Service Medal.  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

The Korean Service Medal, United Nations Service Medal and the 
NDSM should have been added to his DD Form 214 because he served 
during the war.  It was a clear error made by the clerical 
staff.

In support of his appeal, the applicant provides copies of his 
DD Form 214, Report of Separation from the Armed Forces of the 
United States, issued in conjunction with his 8 Aug 
52 separation and NA Form 13059, Transmittal of and/or 
Entitlement to Awards, dated 26 Dec 12, from the National 
Personnel Record Center, in St. Louis, MO.

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

________________________________________________________________

STATEMENT OF FACTS:

On 28 Jun 51, the applicant entered active duty in the Regular 
Air Force.

On 8 Aug 52, he was honorably released from active duty.  He was 
credited with 1 year, 1 month, and 11 days of active duty 
service.

DPSOR will administratively correct the applicant’s record to 
reflect his awarded NDSM.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for 
award of the KSM and the United Nation Service Medal.  There is 
no official documentation in his military record to verify the 
applicant was in the area of eligibility for award of the KSM.  
There is no official documentation in the applicant's military 
record to verify the applicant participated in the United 
Nations action in Korea, rendering him ineligible for award of 
the United Nations Service Medal.  To grant relief would be 
contrary to the criteria established by DoDM 1348.33, the 
Secretary of the Air Force, Chief of Staff, and/or the War 
Department.  

The KSM is awarded to service members who participated in 
operations in the Korean area between 27 Jun 50 and 27 Jul 54.

The United Nations Service Medal (Korea) is awarded to members 
of the Armed Forces of the United States who participated in the 
United Nations action in Korea and who are also eligible for the 
Korean Service Medal.

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluations were forwarded to the 
applicant on 9 Feb 14 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.  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 warranting 
corrective action for entitlement to the award of the KSM and 
the United Nations Service Medal.  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 and adopt its 
rationale as the basis for our conclusion that relief beyond 
that already granted administratively is not warranted.  In view 
of the above and in the absence of evidence to the contrary, we 
find no basis to recommend granting further relief 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-2013-04393 in Executive Session on 29 Jul 2014, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Sep 13, w/atchs. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 2 Jan 14.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Feb 14.




                                   






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