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AF | BCMR | CY2013 | BC-2013-01943
Original file (BC-2013-01943.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01943
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

________________________________________________________________
_

APPLICANT REQUESTS THAT:

1. His foreign service time to South Korea be documented on his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

2. By amendment in the applicant’s rebuttal, he requests to be 
awarded the Korean Defense Service Medal (KDSM).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He participated in the TEAM SPRIRT Exercise in March of 1980; 
however, his DD Form 214 does not reflect his service in Korea.  
The exercise only lasted 10-12 days, but he was on temporary 
duty for over 45 days prior to, during, and after the exercise 
was completed.

In support of his request, the applicant provides a copy of his 
DD Form 214.

His complete submission, with attachment, is at Exhibit A. 

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 Feb 79 and 
was honorably discharged after serving 4 years on active duty.

KDSM Criteria:  The Department of Defense approved the Korean 
Defense Service Medal (KDSM) in February 2004 to be 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 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, or must meet one of the 
following:
*	Be engaged in actual combat during an armed engagement, 
regardless of the time in the areas of eligibility 
*	Be killed, wounded, or injured in the line of duty and 
required medical evacuation from the area of eligibility 
*	While participating as a regularly assigned aircrew member 
flying sorties into, out of, within, or over the area of 
eligibility in support of military operations. Each day that 
one or more sorties are flown in accordance with these 
criteria shall count as 1 day toward the 30 or 60 day 
requirement. 

KSM Criteria:  The KSM was awarded for service between 27 June 1950 
and 27 July 1954 under and of the following conditions:  Within the 
territorial limits of Korea in waters immediately adjacent thereto: 
or 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 remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit C.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  After reviewing the applicant’s 
Master Personnel Records (MPR) and documentation submitted, they 
were unable to verify any time served in the Republic of Korea.

The complete DPAPP evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

1. He submits a Letter of Appreciation, dated 14 Apr 80, which 
commends him for his participation in TEAM SPIRIT 1980 at Kimhae 
Air Base, Republic of Korea.  He sent the letter to his parents 
shortly after receiving it.  He went to Korea well in advance of 
the scheduled exercises and remained there until Mar 80.  

2. He believes he is entitled to the KDSM for his service in 
Korea.  The KDSM is retroactive to the cease fire of the Korean 
War and is granted for any service of 30 days or more on the 
Korean peninsula.  If he is awarded the KDSM, he will be allowed 
to join the Veterans of Foreign Wars (VFW).

The applicant’s complete submission, with attachments, is at 
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.  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.  However, the 
Board would like to point out if the applicant were able to 
provide specific supporting documentation such as travel orders, 
vouchers, or an eyewitness account of his service in Korea, he 
could apply for reconsideration.  Consequently, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting 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-2013-01943 in Executive Session on 7 Jan 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence for AFBCMR Docket Number BC-
2013-01943 was considered:

    Exhibit A.  DD Form 149, dated 18 Apr 13, w/atch.
    Exhibit C.  Letter, AFPC/DPAPP, dated 13 May 13.
    Exhibit D.  Letter, SAF/MRBR, dated 19 May 13.
    Exhibit E.  Letter, Applicant, dated 21 May 13.



                                   
                                   Panel Chair








FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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