RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2002-03170
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His DD Form 214 reflect receipt of the Republic of Korea War Service Medal (ROK WSM) and the Republic of Korea Presidential Unit Citation (ROK PUC).

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APPLICANT CONTENDS THAT:

He arrived at Osan AB on or about “7-11-12-53.” and was shipped at a later date to Suwon (Korea).

The applicant’s complete submission, with attachment, is at Exhibit A. Additional documents provided by the applicant to HQ AFPC/DPPPRA are attached to Exhibit C.

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STATEMENT OF FACTS:

The applicant’s records were apparently destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The DD Form 214 supplied by the applicant reflects he entered active duty on 24 Jan 52. His most significant assignment was to the 2848th Air Base Wing at Norton AFB, CA. His primary duty was as a cook. According to HQ AFPC/DPPPR, he was assigned overseas to the 8th Food Service Squadron (8 FSS). He was honorably released from active duty on 23 Jan 56 in the grade of airman second class and transferred to the Air Force Reserve.  He had four years of active service, with 11 months and 22 days as foreign/overseas service.  He also received the United Nations Service Medal (UNSM), the Korean Service Medal (KSM), the National Defense Service Medal and the AF Good Conduct Medal. The UNSM and the KSM, awarded by the US government, are bestowed on members who participated in operations in the Korean area during the period 27 Jun 50 - 27 Jul 54. 

The ROK WSM is awarded for service in Korea, its territorial waters or airspace during the period 25 Jun 50 - 27 Jul 53. Service must have been performed while on permanent assignment in Korea or while on temporary duty (TDY) in Korea for 30 consecutive or 60 nonconsecutive days, or while a crew member of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations. Veterans who served in Japan, Guam, Okinawa, the Philippines or other countries are not eligible.  The Korean government established this medal and its criteria; as a foreign award, no waiver of any criterion is authorized.

On 21 Oct 02, HQ AFPC/DPPPRA informed the applicant that he needed to provide documentation showing the inclusive dates he was overseas and his unit of assignment while overseas to verify his eligibility for the ROK WSM and ROK PUC. (See Exhibit C.)

By cover letter dated 8 Nov 02, the applicant submitted a 4 Nov 53 order from the 8th Air Base Group (8 ABG), APO 970 (Korea), authorizing the applicant, who was assigned to the 8 FSS, APO 60, seven days of TDY to Tachikawa, Japan, beginning 9 Nov 53 for the purpose of rest and relaxation (R&R). The applicant also included a 30 Jul 53 memo from the 8th Fighter Bomber Wing (8 FBW), APO 970 (Korea), to all 8 FBW personnel with a message from the Chief of Staff commending the personnel of the 8 FBW for their participation in the Korean War. (See Exhibit C.)

On 21 Nov 02, HQ AFPC/DPPPRA advised the applicant that in order to receive the ROK WSM, veterans must have served in the country of Korea, its territorial waters or airspace during the period 25 Jun 50 - 27 Jul 53. DPPPRA noted the applicant had stated in his appeal that he arrived in Osan in Nov 53, which would mean he was ineligible for the ROK WSM. However, the applicant’s submission now shows he was sent TDY from the 8 FSS to Japan on or about 9 Nov 53. DPPPRA advised that unfortunately this still did not place the applicant in Korea prior to 27 Jul 53. The applicant was invited to provide official documents showing he was in Korea during 25 Jun 50 - 27 Jul 53. (See Exhibit C.)

The applicant responded on 9 Dec 02, indicating that to be entitled to R&R in Japan in 1953 one had to have served four months in Korea. He claimed he served the months of Jul, Aug, Sep and Oct 53 and was not in Osan in Nov 53, that he was in Osan in Jul 53. The Chief of Staff’s message was given to those who had been in Korea before 27 Jul 53. (See Exhibit C.)
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AIR FORCE EVALUATION:

HQ AFPC/DPPPR advises that the dates and location of the applicant’s overseas assignment are not on the DD Form 214, as this information was not included on the form at that time. They note that although the applicant did not state his unit of assignment or the inclusive dates of assignment overseas, it was determined that he was assigned to the 8 FSS.  The 8 FSS earned the ROK PUC for two periods: 27 Jun 50 - 31 Jan 51 and 1 Feb 51 - 31 Mar 53. There is no documentation the applicant was in Korea during either of these times. As for the 8 FBW memo quoting the Chief of Staff’s message, there is no indication that the letter was endorsed to the applicant or how he obtained a copy.  Further, the applicant provided no document to substantiate his new claim that an individual had to have been in Korea for four months to receive R&R. He has no documentation to support his claim he was assigned to, and in, Korea, prior to 27 Jul 53, or that he was assigned to Korea. The R&R order shows he was going from APO 60 to Japan, but not the location of APO 60. The APO for Korea was 970. The ROK WSM Team could not verify his eligibility for the ROK WSM. His unit of assignment, the 8 FSS, did receive the ROK PUC but the last closeout date was 31 Mar 53; therefore, he is not eligible to share the 8 FSS’s award of the ROK PUC.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a copy of the evaluation, with its attachments, on which he wrote comments in red pencil. He asserts his destroyed records would have shown his date in Korea plus the ROK PUC. The Air Force made the mistake by not putting it on his DD Form 214. He contends he was in Korea before 27 Jul 53. He concedes APO 970 was Korea. He doesn’t know the location of APO 60. He claims this was a travel authority mistake, that he was with the 8 ABG and 8 FBW and his APO was 970. He asserts he is not a liar and was proud to be part of the Air Force and a Korean War veteran, but now this paper trail can be taken to the latrine. 

[Note: According to the 4 Nov 53 R&R orders, APO 60 was the address of the applicant’s unit, the 8 FSS. The Directorate of Assignments, HQ AFPC/DPAPP1 advised via email on 13 Mar 03 that during the Korean conflict APO 60 was Suwon, Korea.]

A complete copy of applicant’s response is at Exhibit E.

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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. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that he should be awarded the ROK WSM or the ROK PUC. According to the 4 Nov 53 R&R orders, the applicant’s unit of assignment, the 8 FSS, had an address of APO 60. HQ AFPC/DPAPP1 confirmed that APO 60 was located in Suwon, Korea.  We do not dispute that the applicant was in Korea; the issue is whether he was there during the required timeframes to meet the eligibility criteria for the two requested awards. In this regard, he has not shown whether he was in Korea on TDY or a permanent change of station, nor has he provided documents that clearly establish his arrival and departure dates. If he arrived in Suwon in 11-12 Jul 53, as he alleges, he was there no more than 16 days before the eligibility period for the ROK WSM expired. The ROK WSM required permanent assignment in Korea or 30 consecutive/60 nonconsecutive days TDY, unless the veteran was an aircrew member, which the applicant was not. However, because the applicant’s records were destroyed, it is not possible to determine conclusively when he arrived in Korea and whether this was a permanent assignment or a TDY. Further, it appears that if his arrival date was in Jul 53, he was ineligible for the two periods his unit received the ROK PUC. While the applicant’s contributions to his country during a time of turmoil are acknowledged, his submission has not established to our satisfaction that he is entitled to the requested decorations. In view of the above and absent persuasive evidence to the contrary, the applicant has failed to sustain his burden of having suffered either an error or an injustice. Therefore, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 17 April 2003 under the provisions of AFI 36-2603:
The following documentary evidence relating to AFBCMR Docket Number BC-2002-03170 was considered:

   Exhibit A.  DD Form 149, dated 30 Sep 02, w/atch.
   Exhibit B.  Applicant's Reconstructed Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 21 Jan 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
   Exhibit E.  Comments, Applicant, undated, received 20 Feb 03.