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Decision Text

AF | BCMR | CY2013 | BC 2013 05562
Original file (BC 2013 05562.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05562

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be awarded the Korean Defense Service Medal (KDSM).  



APPLICANT CONTENDS THAT:

He served in South Korea beginning on 1 Feb 68 for approximately 94 days in support of Operation COMBAT FOX. 

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



STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Aug 64.

On 31 Jul 68, the applicant was furnished an honorable discharge and was credited with eight years of total active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    



AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice.  The Korean Defense Service Medal (KDSM) is awarded to service members who were permanently assigned, attached, or detailed to a unit that operated within all land area of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas, and must have been physically deployed in the area of responsibility for 30 consecutive days or 60 non-consecutive days between 28 Jul 54 and a future date to be determined by the Secretary of Defense.  A thorough review of the applicant’s official military records revealed no evidence of award of the KDSM, or that he was in the area of eligibility which qualifies for award of the KDSM.  The applicant provided travel orders “to an overseas area,” dated 31 Jan 68; however, submitted no documentation, such as a paid travel voucher, to show the overseas location reflected on the orders was accomplished.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He submits a hand written page reflecting travel times and costs, which he states are his personal notes from his travel to Korea in 1968.  In addition, he provides a personal note to the Board in which he claims he followed the travel orders, but the units he was assigned to at Kirtland Air Force Base, NM and Korea have both been deactivated.  In addition, almost all of his personal records were destroyed in a hurricane in 1980 (Exhibit E). 



FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the available evidence of record, we find the application untimely.  Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force  Instruction 36-2603.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  

________________________________________________________________

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.


The following members of the Board considered AFBCMR Docket Number BC-2013-05562 in Executive Session on 4 Nov 14 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 24 Mar 14.
Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 14.
Exhibit E.  Letter, Applicant, dated 26 Jun 14, w/atchs. 

	







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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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