RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02734
		INDEX CODE:  107.00
		COUNSEL:  NOT INDICATED

	 	HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to the Korean Defense Service Medal (KDSM).

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APPLICANT CONTENDS THAT:

He was stationed in Japan and served temporary duty (TDY) in Korea numerous times for Team Spirit and to install a new computer program.  The combined TDYs should entitlement him to the KDSM.

In support of his request, the applicant provides a personal statement and three statements from individuals he served with in Japan.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 Feb 71, for a term of four years as an Administrative Specialist.  He served in Japan from 2 Sep 82 to 7 Nov 86, and in Turkey from 20 Oct 77 to 25 Jul 78.  He was retired from active duty on 1 Sep 93.

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflects award of the Meritorious Service Medal, with two Oak Leaf Clusters (OLCs), the Air Force Commendation Medal, w/2 OLCs, the Air Force Good Conduct Medal, w/5 OLCs, the National Defense Service Medal with a Bronze Star.

The KDSM is awarded for military service in the Republic of Korea (ROK) and surrounding waters after 28 July 1954, to a date to be 

determined by the Secretary of Defense.  Individuals must have been assigned, attached, or mobilized to units operating or serving on all the land area of the ROK, and the contiguous waters out to 12 nautical miles, and all airspace above all the land area of Korea and waters areas.  To be eligible for the KDSM, personnel must have been physically present in the areas above for 30 consecutive days or 60 nonconsecutive days.  Service member must have been assigned, attached or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

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AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial and states, in part, that a thorough review of the applicant’s military personnel records did not provide any evidence to substantiate that he served in Korea.

The AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSIDR recommends denial and states, in part, no official documentation was provided or located that verified the applicant served in Korea.

The Directorate of Assignments (DOA) was unable to verify he was TDY to Korea, for 30 consecutive or 60 nonconsecutive days to be eligible for award of the KDSM.  He did not receive Foreign Service credit for Korea from the DOA.

The AFPC/DPSIDR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was stationed at Kadena AB, Japan from Sep 82 to Nov 86.  He was assigned to the Civil Engineering Group.  His unit went TDY to Korea every year numerous times for Team Spirit.  He also went TDY to Osan AB, Korea to help install a new computer program.

He provided supporting statements from individuals concerning his TDYs to Korea.  Adding all the TDYs together, he has more than 60 nonconsecutive days in Korea, and should be awarded the KDSM.

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

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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.  The evidence of record did not sufficiently establish that the applicant meets the established criteria of 30 consecutive days or 60 nonconsecutive days providing support in the area of operation for award of the KDSM.  The Board acknowldges the statements provided in support of the applicant’s request; however, the majority of the Board is not persuaded by this evidence that he has overcome the view expressed by the offices of primary responsibility.  We took notice of the applicant’s complete submission in judging the merits of the case, however; the majority of the Board agrees with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 Docket Number BC-2008-02734 in Executive Session on 4 Dec 08, under the provisions of AFI 36-2603:

			Chair
			Member
			Member

A majority of the Board voted to deny the application.  XXXXXXXXXXXXXXXXXX voted to correct the records but elected not to submit a minority report.  The following documentary evidence was considered Docket Number BC-2008-02734:

	Exhibit A.	DD Form 149, dated 15 Jul 08, w/atchs.
	Exhibit B.	Applicant’s Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPAPP, dated 14 Oct 08.
	Exhibit D.	Letter, AFPC/DPSIDR, dated 20 Oct 08.
	Exhibit E. 	Letter, SAF/MRBR, dated 7 Nov 08.
	Exhibit F.	Letter, Applicant, dated 13 Nov 08, w/atchs.

	
	Chair