RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04060
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Korean Defense Service Medal (KDSM).

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APPLICANT CONTENDS THAT:

He served in Korea from August 1954 through August 1955.

In support of his appeal, he submitted a copy of his DD Form 214, his NGB Form 522 and documents extracted from his military personnel records.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s records reflect he served on active duty from 14 Aug 53 to 13 Aug 57.  His DD Form 214 reflects his Foreign Service as 11 months and 13 days.

An AF Form 183, Morning Report reflects he was pending reassignment from Suwon, Korea on 8 Jul 55.

He submitted a request for award of the Korean Service Medal (KSM) on 8 Sep 07 and the Air Force Board for Correction of Military Records (AFBCMR) denied the request on 13 Feb 08 based on the fact that his entitlement to the award could not be verified.

The National Personnel Records Center (NRPC) forwarded him the KDSM, using NA Form 10359, dated 15 Jul 08.  On 7 Aug 08, DPSIDR informed the applicant of the error made by the NPRC in authorizing the KDSM without verification.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states the KSDM was approved by the Department of Defense (DoD) in February 2004 to active duty AF personnel for military service in the Republic of Korea (ROK) and surrounding waters after 28 Jul 54 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating or serving on all the land areas of the ROK, and contiguous waters out to 12 nautical miles, and all airspace above all the land area of Korea and water areas.  The service member must have been physically present in the areas of Korea for 30 consecutive or 60 nonconsecutive days.

HQ AFPC/DPSIDR's complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he has submitted documentation to prove he was in Korea and did earn the KDSM (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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After our review of the evidence presented, we believe favorable consideration of the applicant’s request is warranted.  We note that the Air Force office of primary responsibility does not find that the documentation in the applicant’s reconstructed record conclusively substantiates his eligibility for award of the KDSM.  However, it is our opinion that the documentation contained in the record establishes reasonable doubt as to whether or not he served a tour in Korea.  Accordingly, we believe the benefit of doubt in this matter should be resolved in his favor and recommend his records be corrected to the extent indicated below.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Korean Defense Service Medal.

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The following members of the Board considered AFBCMR Docket Number BC-2007-04060 in Executive Session on 5 Nov 08 under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Dec 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPSIDR, 3 Sep 08.
	Exhibit D.	Letters, SAF/MRBR, dated 3 Oct 08.
	Exhibit E.	Letter, Applicant, dated 9 Oct 08.

					

AFBCMR BC-2007-04060

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show he was awarded the Korean Defense Service Medal.