RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01624 INDEX CODE:	107.00
COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to reflect his entitlement to the Airman’s Medal (AmnM), the Purple Heart (PH), the Presidential Unit Citation (PUC), the Good Conduct Medal with three year knot (GCM w/3 year knot), the National Defense Service Medal (NDSM), the Korean Service Medal (KSM), the Small Arms Expert Marksmanship Ribbon (SAEMR), the Republic of Korea Presidential Unit Citation (ROKPUC), the United Nations Service Medal (UNSM), the United Nations Medal (UNM), and the Korean War Service Medal (KWSM).

APPLICANT CONTENDS THAT:
He has earned these awards and they are not listed in his records.

In support of the appeal, the applicant provides a personal statement, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, DD Form 256AF, Honorable Discharge, a personal resume of his service history, a witness statement, documentation related to his disability claim, and excerpts from his available military personnel records.

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

STATEMENT OF FACTS:
The applicant’s official military personnel records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC). His available records reflect that he enlisted in the Regular Air Force on 26 Feb 52 for a term of four years and was progressively promoted to the grade of sergeant (E-4).

On 25 Sep 56, he was honorably discharged and served a total of four years of active service.

On 1 Jun 09, the applicant’s case was considered by the Purple Heart Review Board (PHRB) and on 8 Jun 09, the PHRB disapproved his request.

On 5 Jun 09, AFPC/DPSIDR notified the applicant that his records verified his entitlement to the GCM, the NDSM, the KSM, the UNSM, and these medals are annotated on his DD Form 214.

DPSIDR also informed him that they verified his entitlement to the KWSM and that the KWSM is an award of a foreign government and is not authorized to be reflected on the DD Form 214.

The AmnM is awarded to members of the Armed Forces of the United States for foreign military personnel who, while serving in any capacity with the United States Air Force, distinguished themselves by heroism involving voluntary risk of life under conditions other than those of actual conflict with an enemy.

The PH is awarded for wounds received as a direct result of enemy actions gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries. In addition, it is necessary the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member in a passenger status as a result of the aircrafts’ evasive measures against hostile fire or Post-Traumatic Stress Disorder.

The PUC is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy. This unit must have displayed such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions to have set it apart and above other units participating in the same campaign.

The GCM (Army was authorized on 28 Jun 41 for award to enlisted men who have honorably completed three continuous years of active military service subsequent to 26 Aug 40, and who are recommended by their commanding officers for exemplary behavior, efficiency and fidelity. During wartime, the GCM may be awarded on completion of one year of continuous service rather than three. Executive order 9323, 31 Mar 43, lowered this time limit for service during the Second World War, and was amended by Executive Order 1044 on 10 Apr 53, applying the one-year ruling to the Korean Conflict, and to any future period in which the United States is at war, including the war in Vietnam.

The SAEMR is awarded to all US Air Force service members who after 1 Jan 63, qualify as expert in small arms marksmanship with either the M-16 rifle or issue handgun.

The ROKPUC is presented to units of the United Nations Command for service in Korea under the same conditions as would be required for the award of the PUC of the United States, and is awarded in the name of the president of the Republic of Korea.

The UNM is awarded to service members who are or have been in United Nations service with one of the following: UN Observations group in Lebanon, UN Truce Supervision Organization in Palestine; UN Military Observer Group in India and Pakistan, UN Security Forces, Holland, UN Transitional Authority in Cambodia, UN Advance Mission in Cambodia, UN Protection Force in Yugoslavia, UN Mission for the Referendum in Western Sahara or UN Operations in Somalia to include UN Quick Reaction Force members, UN Iraq/Kuwait Observation Group and UN Mission in Haiti.

The criterion for award of the KWSM was established by the ROK government. To qualify for the medal, the veteran must have: Served between the outbreak of hostilities, 25 Jun 50, and the date the armistice was signed, 27 Jul 53. Personnel must have been  on  permanent  assignment  or  on  temporary  duty  for
30 consecutive days or 60 non-consecutive days. Eligible personnel must have performed his/her duty within the territorial limits of Korea, in the waters immediately adjacent thereto or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

AIR FORCE EVALUATION:
AFPC/DPSIDR recommends the Board make a decision on the applicant’s entitlement to the AMnM, the PUC, the GCM w/3 year knot, the ROKPUC, and the UNM.

DPSIDR verified the applicant’s entitlement to the KWSM, but they were unable to verify his inclusive service in Korea.

Further, based on the award criteria, they recommend denial of his request for the SAEMR.

The complete AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He drove a burning refueling tractor trailer off the flight line to a safe distance from personnel, aircraft, and equipment should it explode. He then pulled the kill knob and jumped out and the fire was extinguished by the fire department.

The applicant’s complete response, with attachments, is at Exhibit E.

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. We note the applicant’s records reflect his entitlement to the GCM, the NDSM, the KSM, and the UNSM which are annotated on his DD Form 214. His entitlement to the KWSM was also verified but is not authorized to be reflected on the DD Form 214. The applicant has not provided sufficient evidence to substantiate award of the AmnM, PH, PUC, GCM w/3 year knot, SAEMR, ROKPUC, and the UNM, nor does the evidence of record reflect his entitlement to these awards. Should he provide official documentation to support his request for the requested awards, we would be willing to reconsider his request. In view of the above, we find no basis to warrant favorable consideration of the relief sought in this application.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that 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 Docket Number BC- 2008-01624 in Executive Session on 26 Jan 10, under the provisions of AFI 36-2603:

-----------, Panel Chair
-----------, Member
-----------, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Apr 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 11 Jun 09. Exhibit D. Letter, SAF/MRBR, dated 19 Jun 09.
Exhibit E. Letter, Applicant, dated 21 Jul 09, w/atchs.

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FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
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