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AF | BCMR | CY2014 | BC 2014 00405
Original file (BC 2014 00405.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00405

			COUNSEL:  NONE

			HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect service in South Korea and award 
of the Korean Service Medal (KSM) as well as any other awards 
and decorations that were inadvertently omitted.


APPLICANT CONTENDS THAT:

He was assigned to Osan Air Base, South Korea from 22 Oct 60 to 
21 Nov 61 as an Air Policeman.  It was his first assignment 
after Technical Training.  His DD Form 214 does not accurately 
capture his service on the Korean Peninsula.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Apr 
68.

On 28 Feb 81, the applicant was furnished an Honorable 
discharge, and was credited with 20 years, 2 months, and 23 days 
of active service.   

The applicant’s DD Form 214 reflect the award of the following 
Air Force Medals and/or Ribbons:  Air Force Good Conduct Medal 
with Silver Oak Leaf Cluster, Meritorious Service Medal with Oak 
Leaf Cluster, Air Force Commendation Medal with Oak Leaf 
Cluster, Air Force Longevity Service Ribbon with four Oak Leaf 
Clusters, National Defense Service Medal, Vietnam Service Medal 
with two Oak Leaf Clusters, Republic Of Vietnam Gallantry Cross 
with Device and Republic of Vietnam Campaign Medal.

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


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial indicating there is no evidence of 
an error or an injustice.  A review of the applicant’s Master 
Personnel Records and documentation submitted failed to provide 
any substantiated Foreign Service time in Korea.  

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

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant’s dates of service in 
Korea are past the award inclusive dates for award of the KSM.   

The KSM is awarded to personnel who were assigned or attached to 
combat or service units designated by the Commander, Far East 
Air Forces, in general orders for service within the Korean 
Theater or adjacent areas between 27 June 50 and 27 July 54.  
The term “Korean Theater” as used in this instruction includes 
the areas that encompass North and South Korea, Korean waters, 
the air over North and South Korea, and the air over Korean 
waters.  Personnel also are considered having participated in an 
engagement if they were members of a designated combat or 
service unit in the Korean Theater; a combat or service unit, 
other than one within the Korean Theater, which was designated 
by the Commander, Far East Air Force, as having directly 
supported the military operations in the Korean Theater; or a 
designated headquarters of the Far East Air Forces that exerted 
a distinct and contributory effort to the military operations in 
the Korean Theater.  The personnel must have performed the 
prescribed service while they were on permanent assignment, on 
TDY with a designated unit or headquarters for 30 consecutive 
days or 60 nonconsecutive days, or in actual combat against the 
enemy, as reflected by an awarded combat decoration or furnished 
a certificate by a division, comparable, or higher unit 
commander, a ship, comparable, or higher unit commander, or an 
Air Force group, comparable, or higher unit commander stating 
that they actually participated in combat.  Was an evader or 
escapee in the combat zone or recovered from a prisoner-of war 
status in the combat zone during the time limitations of the 
campaign. Prisoners of war will not be accorded credit for the 
time spent in confinement or while otherwise in restraint under 
enemy control.

The Korean Defense Service Medal is awarded to service members 
who were 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 all the land and water areas of Korea. Personnel must have 
been physically present in the areas above for 30 consecutive 
days or 60 nonconsecutive days, or 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 or 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.

They were able to determine that the below Air Force Medals 
and/or Ribbons should have been awarded during the applicant’s 
service from 27 May 60 and 28 Feb 81 and are not reflected in 
his records.

	- Korean Defense Service Medal
	- Vietnam Service Medal with three Bronze Service Stars

Upon final board decision, administrative correction of the 
applicant’s official military personnel record will be completed 
by AFPC/DPSOR.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 15 Sep 14 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


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 warranting 
correction of the applicant’s records to reflect his entitlement 
to the KSM.  We took notice of the applicant's complete 
submission in judging the merits of the case; however, we agree 
with the opinions and recommendations of the Air Force offices 
of primary responsibility (OPR) and adopt their rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error or injustice.  We note the Air Force OPR has 
determined the applicant’s eligibility for the KDSM and VSM with 
three Bronze Service Stars and will correct his records 
administratively.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting relief beyond 
that rendered administratively.


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-2014-00405 in Executive Session on 10 Feb 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Jan 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAPP, dated 10 Mar 14.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 21 Apr 14.
	Exhibit E.  Letter, SAF/MRBR, dated 15 Sep 14.

						

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