RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-02405
                             INDEX CODE:  111.01
	                           COUNSEL:  NONE
	                           HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show service in Korea and that he was awarded the Korean Service Medal (KSM)

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APPLICANT CONTENDS THAT:

He was entitled to the KSM and did not receive it.

In support of his request, the applicant provided a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States and NA Form 13059, Transmittal of and/or Entitlement to Awards. 

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

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STATEMENT OF FACTS:

Applicant’s military personnel records reflect he enlisted on active duty on 27 July 1950. 

On 14 September 1953, he was honorably discharged in the grade of airman first class (E-3).

He served 3 years, 1 month and 18 days on active duty.

The KSM is awarded for service between 27 June 1950 and 27 July 1954 under and of the following conditions: Within the territorial limits of Korea in waters immediately adjacent thereto: Or with a unit under the operational control of the Commander-in-Chief (CIC), Far East, other than those units within the territorial limits of Korea, which has been designated by the CIC, Far East, as having directly supported the military efforts in Korea; or was furnished an individual certificate by the Commander-in-Chief, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial.  DPAPP states after a thorough review of the applicant’s records they find no evidence he was TDY or assigned to Korea.

The complete DPAPP evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 3 October 2008, for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 available evidence and the applicant’s complete submission, we find no evidence, that his records should be corrected to show he served in Korea or was awarded the KSM.  As such, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not demonstrate the existence of 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-2008-02405 in Executive Session on 18 November 2008, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-02405 was considered:

   Exhibit A.  DD Form 149, dated 7 June 2008, w/atchs.
   Exhibit B.  Letter, AFPC/DPAPP, dated 4 August 2008.
   Exhibit C.  Letter, SAF/MRBR, dated 3 October 2008.

                                   
                                   Panel Chair