RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01729

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect his Prisoner of War (POW) status in Korea in 1951 for 22 months.

His DD Form 214, Report of Separation from the Armed Forces of the United States, be amended to reflect he was awarded the following awards and decorations:

	Bronze Star Medal with two Oak Leaf Clusters (BSM w/2 OLCs).

	Silver Star with two Bronze Oak Leaf Clusters (SS w/2 BOLCs).

	Purple Heart with one Bronze Oak Leaf Cluster (PH w/1 BOLC) (Already reflected on DD Form 214).

	Any other medals he may have earned.

APPLICANT CONTENDS THAT:

He is missing his DD Forms 214 for his period of active duty service in Madrid, Spain from 1955 to 1961 and Minot AFB, ND from 1963 to 1967.  He is also missing his DD Form 214 for his period of active duty service with the Army from 1944 to 1948.

His records do not mention his POW status in 1951.  

In 2013, his house burned down and he lost everything and he has no records.  The paperwork is required to obtain veterans’ assistance.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 31 May 1971, the applicant was retired in the grade of Technical Sergeant (TSgt, E-6).  He was credited with 20 years, 2 months and 15 days of active duty service.

According to the AGO Form 0365, Battle Casualty Report, dated 25 March 1951, the Department of the Army, Adjutant General’s Office notified the applicant’s parents of his casualty status.   The date of casualty is listed as 10 January 1951.

His DD Form 214, Report of Separation from the Armed Forces of the United States, for the period of service from 29 December 1952 to 14 March 1956 reflects he was awarded the National Defense Service Medal, Combat Infantry Badge, Purple Heart w/cluster, United Nations Service Medal, American Defense Medal, Syngham Rhee Citation, Presidential Unit Citation and the Korean Service Medal.  

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.      

AIR FORCE EVALUATION:

AFPC/DPFCM recommends denial of POW status.  The applicant did not provide any supporting documentation to reflect he was a POW during the Korean War or any other conflict; therefore, he is not entitled to POW status or the U.S. domestic law benefits that derive from having been a POW.  To grant relief would be contrary to the criteria established by applicable treaty law for World War II POW issues which is the Geneva Convention relative to the Treatment of Prisoners of War of 27 July 1929, as well as present applicable treaty law, Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949. 

A review of the applicant’s records from the National Archives and Records Administration (NARA) did not provide any supporting documentation of his claim.  Additionally, a review of Air Force Korea War Prisoner of War listings does not reflect his name for any period during the Korean War. 

A complete copy of the AFPC/DPFCM evaluation is at Exhibit C.

AFPC/DPSID recommends denial for award of the SS w/2 BOLCs and award of the BSM w/2 OLCs.  There is no evidence in the applicant’s record nor was any provided to verify he was recommended for or awarded the SS w/2 BOLCs or the BSM w/2 OLCs.  In order to reasonably consider his requests, he will need to submit a recommendation for each award from someone with firsthand knowledge of the actions/achievements, preferably from someone within his chain of command at the time of the action/achievement and eyewitness statements from those who can attest to the act/achievement.  DPSID also recommends denial due to the fact that the request was not filed in a timely manner.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force and Chief of Staff.

The SS is the third highest military valor decoration that can be awarded to a person serving in any capacity with the United States Armed Forces.  The SS may be awarded to any individual while serving in any capacity with the United States Armed Forces who distinguishes himself or herself by gallantry in action under any of the following circumstances:  While engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.  

The BSM is awarded to a person in any branch of the military service who while serving in any capacity with the Armed Forces of the United States on or after 7 December 1941 shall have distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  The award recognizes acts of heroism performed in ground combat if they are of lesser degree than that required for the SS.  It also recognizes single acts of merit and meritorious service if the achievement or service is of a lesser degree than that deemed worthy of the Legion of Merit; but such service must have been accomplished with distinction.

DPSID was able to verify award of the PH w/1 BOLC as annotated on his DD Form 214 dated 14 March 1956; therefore, no action is required.  DPSID was also able to determine the applicant should have been awarded the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1 BOLC), Good Conduct Medal with four Bronze Loops (GCM w/4 Brz Lps) and the Korean War Service Medal (KWSM).  Upon the final decision of the Board, administrative correction of the applicant’s record will be completed by AFPC/DPSOR.  

A complete copy of the AFPC/DPSID evaluation is at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 24 August 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.   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 the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPRs) and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  However, should the applicant provide additional evidence to substantiate his POW status or award of the SS w/2 BOLCs and the BSM w/2 OLCs, the Board would be willing to reconsider his application.  Furthermore, we note this Board which serves on behalf of the Secretary of the Air Force is unable to correct records pertaining to a period of service with another branch of service.  In this respect, we recommend the applicant submit a DD Form 149, Correction of Military Records, to the Army BCMR at the address provided on the form for any corrections requested for this period of service.  The applicant may also request copies of his military records by submitting a SF 180, Request Pertaining to Military Record, to the National Personnel Records Center (NPRC), 1 Archives Drive, St Louis, MO 63138.  Therefore, aside from the administrative corrections for award of the AFOUA w/1 BOLC, GCM w/4 Brz Lps and the KWSM, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-01729 in Executive Session on 22 and 26 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 April 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFCM, dated 21 August 2015.
	Exhibit D.  Memorandum, AFPC/DPSID, dated 7 December 2015.
	Exhibit E.  Letter, AFBCMR, dated 24 August 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.