RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03594 COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was awarded: 1. The Korean Defense Service Medal (KDSM). 2. The Armed Forces Expeditionary Medal (AFEM). ________________________________________________________________ APPLICANT CONTENDS THAT: He served for over 60 days while TDY from Jun through Aug 81 with the 9th Strategic Reconnaissance Wing (9th SRW), Osan AB, South Korea as a U-2 jet mechanic. In support of his request, the applicant provides pictures of his Veteran’s of Foreign Wars (VFW) hat, 9th SRW Black Cat hat from Korea, and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 13 Aug 79; served until his Honorable discharge on 21 Apr 83; and was credited with three years, eight months, and nine days of active service, which included two months, and four days of foreign service. To be eligible for the KDSM, individuals must have been assigned, attached, or mobilized to units operating or serving on all the land area of the Republic of Korea, and the contiguous waters out to 12 nautical miles, and all airspace above the stated land and water areas for 30 consecutive or 60 nonconsecutive days. According to the applicant’s medical records, he was seen in the USAF Hospital in Osan, Korea on 26 Jun 81, and again 36 days later on 1 Aug 81. The Chronological Record of Medical Care, dated 1 Aug 81, is annotated “TDY from Beale AFB.” The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, indicating there is no evidence of an error or injustice. The office of primary responsibility was unable to locate official documentation in the applicant’s military personnel records verifying that he was TDY in Korea during his active duty service. In addition, the entitlement for the AFEM in Korea was from 1 Oct 66 to 30 Jun 74. The applicant served on active duty beginning 13 Aug 79, after the entitlement period, and therefore is ineligible for the AFEM. Recommend denial of the KDSM and AFEM. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted an expanded statement reiterating his initial contention that he served in Korea, and claiming he even received a Letter of Reprimand while in Korea. It was either late Jun or early July of 1981 when he left to go TDY to Korea with a short stop in Okinawa. ________________________________________________________________ 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 an error or injustice with respect to the applicant’s request for the AFEM. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the KDSM. After a thorough review of the evidence of record and the applicant’s complete submission, we believe a preponderance of the evidence supports corrective action. In this respect, we note the two entries in his military medical records indicating he was treated in the Osan AB clinic on two separate occasions, which were 36 days apart from one another. Therefore, we are satisfied the applicant has met his burden of proof and recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the applicant be corrected to show that he served on temporary duty (TDY) in the Republic of South Korea during the period 26 June 1981 through 1 August 1981, and that he was awarded the Korean Defense Service Medal (KDSM). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03594 in Executive Session on 3 Apr 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 19 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 10 Nov 11. Exhibit E. Letter, Applicant, undated.