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AF | BCMR | CY2014 | BC 2014 02207
Original file (BC 2014 02207.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02207

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, dated 8 Dec 60, be amended to add the 
following medals:

1.  Korean Service Medal (KSM).

2.  Good Conduct Medal (Administratively corrected).


APPLICANT CONTENDS THAT:

He did not realize he was entitled to the medals.

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


STATEMENT OF FACTS:

The applicant’s official military personnel records were 
involved in the National Personnel Record Center fire of 1973, 
and were completely destroyed.  

According to records provided by the applicant, he initially 
entered the Regular Air Force on 18 Dec 56 and served on active 
duty until he was honorably discharged on 8 Dec 60 and was 
credited with 3 years, 11 months, and 21 days of 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 of the applicant’s request for the 
KSM indicating there is no evidence of an error or an injustice.  
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 Jun 50 and 27 Jul 54.  The 
personnel must have performed the prescribed service while they 
were on permanent assignment, on temporary duty 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 
stating that they actually participated in combat.  However, 
after a thorough review of the applicant’s provided 
documentation, award of the KSM could not be verified.  The 
applicant’s dates of service are after the award inclusive 
dates; therefore, rendering him ineligible.  To grant relief 
would be contrary to the criteria established by the DoDM 
1348.33, Secretary of the Air Force, Chief of Staff, and/or the 
War Department.  The applicant’s entitlement to the GCM has been 
verified and his records will be corrected administratively.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 4 Aug 14 for review and comment within 30 days 
(Exhibit D).  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 
corrective action by this Board.  We took notice of the 
applicant’s complete submission in judging the merits of the 
case; however, this board is not an investigative body and the 
burden of proof of an error or injustice rests with the 
applicant.  We agree with the opinion and recommendation of the 
Air Force office of primary responsibility (OPR) and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice with respect to his 
entitlement to the Korean Service Medal (KSM).  We note the Air 
Force OPR has determined the applicant’s eligibility for the 
Good Conduct Medal (GCM) 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-2014-02207 in Executive Session on 25 Feb 2015, under 
the provisions of AFI 36-2603:

	

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02207 was considered:

	Exhibit A.  DD Form 149, dated 27 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 7 Jul 14.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 14.

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