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AF | BCMR | CY2013 | BC 2013 04641
Original file (BC 2013 04641.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04641
			COUNSEL:  NONE
	 		HEARING DESIRED:  NO
   

________________________________________________________________

APPLICANT REQUESTS THAT:

The decedent’s DD Form 214, Report of Separation from the Armed 
Forces of the United States, be amended to reflect award of the 
Korean Defense Service Medal (KDSM).

______________________________________________________________

APPLICANT CONTENDS THAT:

The decedent is entitled to the KDSM as he served during the 
period of eligibility.

Although the KDSM was established in 2002, she did not discover 
his eligibility for the medal until going through his records.

In support of her request, the applicant provides copies of his 
DD Form 214, DD Form 256AF, Honorable Discharge Certificate; and 
death/marriage certificates.

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

________________________________________________________________

STATEMENT OF FACTS:

On 11 Sep 50, the decedent entered active duty.

On 10 Sep 54, he was discharged.

He served 4 years on active duty.  

His DD Form 214 reflects award of the Korean Service Medal 
(KSM). 

The KDSM is given as recognition for military service in the 
Republic of Korea and the surrounding waters after 28 Jul 54 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 all 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 of the KDSM.  His dates of service 
in Korea render him eligible for award KSM and it is 
appropriately annotated on his DD Form 214.  To grant relief 
would be contrary to the criteria established by DoDM 1348.33, 
Manual of Military Decorations and Awards, the Secretary of the 
Air Force, Chief of Staff, and/or the War Department.

Based on a review of the applicant’s official military personnel 
records, DPSID was able to determine he should have been awarded 
the Korean War Service Medal (KWSM).  Upon the Board’s final 
decision, an administrative correction to the decedent’s records 
will be completed to reflect award of the KWSM.  

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 Feb 14, a copy of the Air Force evaluation was provided to 
the applicant 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 an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of this 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, aside from the administrative 
correction for award of the KWSM, we find no basis to grant the 
relief sought in this application.  

________________________________________________________________

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 AFBCMR Docket 
Number BC-2013-04641 in Executive Session on 8 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 13 Sep 13, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 21 Jan 14.  
     Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 14.  
     



								 
      PanelChair
 


  

 

 

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