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AF | BCMR | CY2013 | BC-2013-00833
Original file (BC-2013-00833.txt) Auto-classification: Denied
			RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
	
IN THE MATTER OF:					DOCKET NUMBER:  BC-2013-00833
							COUNSEL:  NONE
 							HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show award of the Meritorious Service Medal (MSM) (administratively corrected).      

2.  His DD Form 214 be corrected to show award of the Korea Service Medal (KSM). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the MSM upon retirement and the KSM is newly added.

In support of his request, the applicant provides a copy of his MSM citation and Airman Performance Report (APR) documenting assignment at Suwon Air Base, Republic of Korea.  

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 1 April 1982 to        31 January 1994 and was retired on 1 February 1994.  

He served in Korea from 10 May 1983 to 24 February 1984.    

The KSM was awarded for service between  27 June 1950 and 27 July 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 July 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 of the KSM.  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 MSM and the KDSM.

The complete DPSID evaluation is at Exhibit B. 

_______________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 May 2013 for review and comment within 30 days (Exhibit C).  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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, aside from the administrative corrections to award the MSM and KDSM, 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-2013-00833 in Executive Session on 15 October 2013, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 February 2013.
    Exhibit B.  Letter, AFPC/DPSID, dated 13 May 2013.
    Exhibit C.  Letter, SAF/MRBR, dated 19 May 2013.
    


				Panel Chair



 
 

 

 

 
 

 

 

 

 

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