RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04641 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The decedent’s DD Form 214, Report of Separation from the Armed Forces of the United States, be amended to reflect award of the Korean Defense Service Medal (KDSM). ______________________________________________________________ APPLICANT CONTENDS THAT: The decedent is entitled to the KDSM as he served during the period of eligibility. Although the KDSM was established in 2002, she did not discover his eligibility for the medal until going through his records. In support of her request, the applicant provides copies of his DD Form 214, DD Form 256AF, Honorable Discharge Certificate; and death/marriage certificates. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 11 Sep 50, the decedent entered active duty. On 10 Sep 54, he was discharged. He served 4 years on active duty. His DD Form 214 reflects award of the Korean Service Medal (KSM). The KDSM is given as recognition for military service in the Republic of Korea and the surrounding waters after 28 Jul 54 and ending on such a future date as 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 Republic of Korea, and the contiguous waters out to 12 nautical miles, and all airspace above the stated land and water areas. To be eligible for the KDSM, personnel must have been physically present in the stated areas for 30 consecutive or 60 nonconsecutive days. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the KDSM. His dates of service in Korea render him eligible for award KSM and it is appropriately annotated on his DD Form 214. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. Based on a review of the applicant’s official military personnel records, DPSID was able to determine he should have been awarded the Korean War Service Medal (KWSM). Upon the Board’s final decision, an administrative correction to the decedent’s records will be completed to reflect award of the KWSM. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Feb 14, a copy of the Air Force evaluation was provided to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. ________________________________________________________________ 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. We took notice of the applicant’s complete submission in judging the merits of this case; however, we agree with the opinion and recommendation of the Air Force Office of Primary Responsibility (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, aside from the administrative correction for award of the KWSM, we find no basis to grant the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-04641 in Executive Session on 8 Jul 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Sep 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 21 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 14 Feb 14. PanelChair