RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00884
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be awarded the Korean Defense Service Medal (KDSM). 
      
His point summary be corrected to reflect Title 10 service credit 
for his deployments.  


APPLICANT CONTENDS THAT:

His orders and point summary sheet will show that he should 
receive the KDSM along with service credit under Title 10.  

The orders for his deployment (6 Jun 94-10 Jun 94) were verbal and 
were more than likely than not for man-days that were under Title 
10.  Therefore, the deployment should be indicated with a “1” on 
his point summary sheet.  

Additionally, the deployments from 30 Mar 95 to 31 Mar 95, 2 Apr 
95 to 9 Apr 95 and 10 Apr 95 to 14 Apr 95, are more likely than 
not part of the attached orders for a deployment to Canada.  This 
deployment should reflect a “1” on his point summary sheet.  

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


STATEMENT OF FACTS:

On 24 Apr 92, the applicant entered the Air National Guard.

On 1 Apr 03, the applicant received an honorable discharge.  He 
was credited with 8 years, 4 months and 15 days of active service.  

The Department of Defense approved the KDSM in February 2004 to be 
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 non-consecutive 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; or 
while participating as a regularly assigned aircrew member flying 
sorties into, out, 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 one (1) 
day toward the 30 or 60 day requirement.  


AIR FORCE EVALUATION:

NGB/A1PP recommends denial of the applicant’s request for active 
duty service credit.  ANG members performing active duty In 
Accordance With (IAW) 10 U.S.C. 12301(d) for 90 consecutive days 
or more, or mobilized IAW Title 10 12302 in support of Air 
Expeditionary Forces (AEF) deployments will be issued a DD Form 
214, Certificate of Release or Discharge from Active Duty.  If the 
applicant was not supporting this type of operation, then a DD 
Form 214 would not be issued and the applicant would not have a DD 
Form 214 for his 49-day deployment.  If the applicant provides a 
copy of Special Order RM–276 noting he was supporting a Secretary 
of Defense-named operation, he can resubmit an AFBCMR for review 
at that time.

The complete NGB/A1PP evaluation is at Exhibit C.

NGB/A1PS recommends denial of the applicant’s request for the 
KDSM.  The applicant’s package does not contain sufficient 
information to make a recommendation with regards to his 
eligibility for the KDSM.  Special Order RM–282 amended Special 
Order RM–276, but does not identify the location of the deployment 
or whether it was in support of a Secretary of Defense-named 
operation.  Service members must have been assigned, attached, or 
mobilized to units operating in the area of eligibility and have 
been physically deployed in the area of eligibility for 30 
consecutive or 60 non-consecutive days.  ANG members performing 
active duty IAW 10 U.S.C. 12301(d) for 90 consecutive days or 
more, or mobilized IAW Title 10 12302 in support of AEF 
deployments will be issued a DD Form 214, therefore the 
applicant’s medal would have been added to the DD Form 214.  If 
the applicant was not supporting this type of operation, then a DD 
Form 214 would not be issued and he would not have a DD Form 214 
for his 49-day deployment.  If the applicant provides a copy of 
Special Order RM–276 noting he was deployed to Korea, he can 
resubmit an AFBCMR for review at that time.  

The complete NGB/A1PS evaluation is at Exhibit D.


?
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by stating on 8 Aug 95, Special Order RM–
276 authorized deployed military personnel appropriation from 
10 Aug 95 to 31 Aug 95 to Korea.  

On 29 Aug 95, Special Order RM–282 amended Special Order RM–
276 deployment period from 10 Aug 95 to 27 Sep 95.  

The applicant’s complete response is at Exhibit E.


ADDITIONAL AIR FORCE EVALUATION:

NGB/A1PP recommends denial of the applicant’s request as the 
additional document does not identify contingency support and does 
not qualify for a contingency DD Form 214.  There is no further 
evidence to support the applicant’s claim.

The complete A1PP readdress is at Exhibit F.


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 5 Dec 14 for review and comment within 30 days.  As of this 
date, this office has received no response (Exhibit G).


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 the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the requested relief.


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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00884 was considered:

	Exhibit A.  DD Form 149, dated 17 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PP, dated 4 Apr 2014.
	Exhibit D.  Memorandum, NGB/A1PS, dated 7 Apr 2014.
	Exhibit E.  Applicant’s Review, dated 30 Sep 14.
	Exhibit F.  Memorandum NGB/A1PP, dated 17 Nov 14.
	Exhibit G.  Memorandum, SAF/MRBR, dated 5 Dec 14.