RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00675
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

The Korean Defense Service Medal, The Republic of Korea Service Cease-Fire Period Medal, The Republic of China 823 Campaign Badge of Honor, the Republic of China U.S. Mutual Defense Commemorative Badge, the Air Force Commander's Badge, and the Republic of Vietnam Gallantry Cross w/palm be added to his military records.

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APPLICANT CONTENDS THAT:

He recently received the two awards from the Republic of China, he served in Korea from June 1984 through July 1985, he served several positions as a commander, and he served with the 19th Tactical Air Support Squadron from April 1967 through April 1968.  

In support of his request, applicant provided a personal statement, his DD Form 214, a memorandum, a sample press release, and a letter from the Republic of China.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force and was voluntarily ordered to extended active duty on 30 Sep 63. He was progressively promoted to the grade of colonel, having assumed that grade effective and with a date of rank of 1 Jul 84.  He served an overseas tour in Vietnam from 13 Mar 67 through 11 Mar 68.  He was retired from the Air Force on 30 Jun 91.  He served 27 years, 9 months, and 1 day on active duty.  

The Republic of Vietnam Gallantry Cross has been added to the applicant's DD Form 214.

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AIR FORCE EVALUATION:

AFPC/DPSFM recommends denial.  DPSFM states that the applicant retired in 1991 and the Air Force Command Insignia was approved on 1 Oct 02.  There were no provisions made to award the insignia retroactively to retired personnel.  Foreign awards cannot be accepted by service members unless they have previously been approved by the U.S. Government.  The "823 Campaign" Badge of Honor and the accompanying Republic of China U.S. Mutual Defense Commemorative Badge are not listed as authorized foreign award.  The DPSFM evaluation is at Exhibit C.

AFPC/DPPPR recommends denial.  DPPPR states that the applicant has been informed that the criteria for the Korean Defense Service Medal has not yet been determined and there is no such medal as the Republic of Korea Service Cease-Fire Medal.  Until the Joint Chiefs of Staff decide upon the criteria for award of the Korean Defense Service Medal, they are unable to determine anyone's eligibility for the new medal.  Regardless of the number of times he was in Vietnam, his records show he spent only one tour in Vietnam, and was TDY on other occasions.  Although TDY he was still assigned to the parent unit, not to a Vietnam unit that would have earned the Republic of Vietnam Gallantry Cross w/Palm.  No provisions have been made for additional awards of this ribbon; therefore, only one Republic of Vietnam Gallantry Cross w/Palm is authorized to be worn or reflected on a DD Form 214.  The DPPPR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the evaluator determined that he was not entitled to wear the Air Force Command Insignia because "there was no provision to award the insignia retroactively to retired personnel."  They could have just as easily stated that it is common for the military serviced to retroactively award decorations and insignia to veterans and retired personnel (i.e. the POW Medal, the Medal of Honor, and the Purple Heart).  The Republic of China's Badge of Honor and the accompanying US-ROC Mutual Defense Medal was not an honorary award at all and were not granted by the Tapei office in Kansas City.  They were awarded by the Tapei equivalent of an Embassy in Washington D.C.  The Consulate in Kansas City was simply acknowledging the fact that he had been awarded the decorations and invited him to the inauguration of their next Ambassador.  To not wear a decoration from an oriental country is a great offense and loss of face of that host country at military and international events and official receptions.  He earned the additional Vietnam Gallantry Cross w/Palm during his third tour of duty in Vietnam flying daily combat missions while attached to the 21st Tactical Air Support Squadron.  He had learned that the 21 TASS had been awarded that decoration during the time that he was flying with them.  DPPPR based their denial on the fact that he already had one.  AFPC/DPSFM states that there is not such medal as the Republic of Korea Cease-Fire Medal.  They are incorrect, it was included in the 2003 Defense Authorization Act signed by President Bush in January.  His complete submission is at Exhibit F.

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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 that would warrant further corrective action.  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2003-00675 in Executive Session on 13 Nov 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSFM, dated 11 Sep 03.
    Exhibit D.  Letter, AFPC/DPPPR, dated 1 Oct 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Oct 03.
    Exhibit F.  Letter, Applicant, dated 15 Oct 03, w/atchs.

                                   
                                   Panel Chair