RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02034 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be entitled to the Korean Defense Service Medal (KDSM). 2. He be entitled to the North Atlantic Treaty Organization (NATO) Medal-Yugoslavia. 3. He be entitled to the Humanitarian Service Medal (HSM). (Verified by AFPC/DPSID and currently reflected on the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty) ________________________________________________________________ APPLICANT CONTENDS THAT: Based on recent authorizations or publications, he should be awarded the aforementioned medals. These medals were either authorized after his separation or were not processed due to his unit’s operations tempo at the time of his separation. In support of his request, the applicant provides copies of his DD Form 214, numerous temporary duty (TDY) orders, Citations, and various documents in support of his application. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered Active Duty on 18 Oct 1990. On 29 Sep 1996, he was honorably discharged in the grade of captain (Capt, O-3). He was credited with 5 years, 11 months and 12 days of active duty. The Korean Defense Service Medal was approved by the Department of Defense in Feb 2004 and is awarded to those individuals who after 28 Jul 1954, to a future date to be determined by the Secretary of Defense, have been assigned, attached, or mobilize to units operating or serving in the Republic of Korea, and the contiguous waters out to 12 nautical miles, and all airspace above. To be eligible for the KDSM, personnel must have been physically present in the stated area for 30 consecutive or 60 nonconsecutive days. The Secretary of Defense, with the concurrence of the Secretary of State, may approve the acceptance and wear of NATO medals authorized by the Secretary General of NATO and offered to the U.S. Representative to NATO to recognize U.S. Service members who meet the eligibility criteria specified by NATO. The very first NATO Medal was authorized for military personnel who served under NATO command or operation control in direct support of NATO operations in the former Republic of Yugoslavia, from 1 Jul 1992 to 12 Oct 1998. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility at Exhibit D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request for entitlement to the KDSM and the NATO Medal-Yugoslavia. DPAPP states the applicant’s Master Personnel Records (MPR) and the information he provided did not contain information that reflects that he served in the locations for which he is claiming. The complete DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request for entitlement to the KDSM. DPSID states that while the applicant's records reflect he was TDY in Korea, they could not verify how long he was in Korea; therefore, he does not meet the criteria for award of the KDSM. In regards to the HSM, DPSID states that after a thorough review of the applicant's MPR, they were able to verify award of the HSM as currently annotated on his DD Form 214. In regards to the NATO medal, DPSID states that to obtain award of the NATO Medal, personnel must apply to NATO as the approval authority. Personnel must provide the United States National Military Representative at Supreme Headquarters Allied Powers Europe (SHAPE) via e-mail at .mil the following information: date of birth, name, social security number, rank, nationality, branch of service, unit with which deployed to theater, location in which unit engaged, number of days claimed towards eligibility for medal (over 30 days required), and the time frame served. The complete DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 1 Oct 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. With the exception of the request for the NATO Medal-Yugoslavia, 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 to warrant correcting his records to reflect entitlement to the NATO Medal-Yugoslavia. We note the applicant’s records already reflect that he was awarded the HSM, as annotated on his DD Form 214. Therefore, no correction is necessary. However, in regards to the applicant’s request for entitlement to the NATO Medal-Yugoslavia, we find no evidence that he has ever contacted NATO, the approval authority, to request the medal. Prior to submitting an application for correction of military records, an applicant must first exhaust all available avenues of administrative relief and we find no evidence that he has done so. Therefore, in the absence of evidence to the contrary, we find no basis to consider this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting the applicant’s records to reflect his entitlement to the KDSM. In this respect, we note the applicant provided TDY orders to Korea for 90 days. In view of this and noting the KDSM criteria, we 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 APPLICANT be corrected to show that he was awarded the KDSM. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 15 Jan 2013, under the provisions of AFI 36- 2603: Panel Chair Member Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2012- 02034: Exhibit A. DD Forms 149, dated 2 May 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 20 Jul 2012. Exhibit D. Letter, AFPC/DPSID, dated 4 Sep 2012. Exhibit E. Letter, SAF/MRBR, dated 1 Oct 2012. Panel Chair