RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02481

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect the following:

1.  His military service in Korea and Taiwan, and any awards he is entitled to receive for that service. (Korea service time administratively resolved)

2.  His U. S. Army service time from 29 Apr 54 to 31 Aug 54. (U.S. Army service time is reflected in his military records and is included in “other service” time on his DD Form 214).  

APPLICANT CONTENDS THAT:

His DD Form 214 does not accurately reflect his military service time with the U.S. Army, his time in Korea and Taiwan, and any medals he would be entitled to for serving in Korea and Taiwan.  He submitted copies of orders and photographs in support of his contentions.  

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

STATEMENT OF FACTS:

On 31 Aug 54, according to documents submitted by the applicant, he was discharged from the U.S. Army National Guard, and was credited with four months and two days of total service for pay purposes.  

On 1 Sep 54 the applicant entered the Regular Air Force.

On 16 Jun 58, the applicant was furnished an honorable discharge, and was credited with three years, nine months, and sixteen days of active service. 

On 8 Sep 58, the applicant reenlisted in the Regular Air Force.

On 21 Dec 66, the applicant was medically retired and was credited with 12 years, 7 months, 23 days of total service, 12 years, 1 month, and 15 days of active service to include 3 years, and 19 days of foreign service.  

On 27 Sep 04, the National Personnel Records Center (NPRC) confirmed they verified the applicant’s entitlement to the Korea Defense Service Medal (KDSM).  

On 25 Sep 15, AFPC/DPAPP issued the applicant a “boots on ground” letter confirming his foreign service time in the Republic of Korea from 5 Jul 55 to 7 Jul 56, and Germany, from 6 May 63 to 24 May 66, (Exhibit C).  
 
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits D, E, and F.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial of the applicant’s request to show service in Taiwan.  There is no evidence of an error or an injustice warranting the requested relief.  After their review of the applicant’s official military personnel record, they were unable to verify his claimed service in Taiwan from Oct 55 to Dec 55, qualifies for any awards.  

Notwithstanding the above, they were able to determine the Korean Defense Service Medal (KDSM) should have been awarded for his service from 1 Sep 54 to 21 Dec 66, and was not reflected in his records.  Upon final Board decision, administrative correction of the applicant’s official military personnel record will be accomplished.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit D.

AFPC/DPSIPV defers to AFPC/DPSOR (DD Form 214 Policy & Procedures) whether the DD Form 214 in question requires corrective action.  Their research revealed the applicant enlisted in the New York Army National Guard (ARNG) on 29 Apr 54 and was discharged on 31 Aug 54 for a total of 4 months and 2 days of inactive service.  He enlisted in the Regular Air Force on 1 Sep 54.  He was later released from active duty and transferred to the Air Force Reserve on 16 Jun 58.  

At the end of his active duty enlistment, he had served 3 years, 9 months, and 16 days on active duty with a subsequent 2 months and 21 days in the inactive Reserves.  Then on 8 Sep 58, he reenlisted in the Regular Air Force for another 4 years.  Upon completion of his 4 year enlistment, he reenlisted on 8 Sep 62 and was medically retired on 21 Dec 66 after completing 4 years, 3 months, and 14 days.  All periods of time equate to the following:  12 years, 7 months, and 23 for basic pay purposes; 12 years, and 1 month, of active duty service; and 6 months and 23 days of inactive service.

A complete copy of the AFPC/DPSIPV evaluation is at Exhibit E.

AFPC/DPSOR recommends correcting the applicant’s Total Active Service Time on his DD Form 214, indicating sufficient evidence has been presented to demonstrate the existence of an error.  Based on the results of AFPC/DPSIPV’s review of the applicant’s military personnel records, the applicant’s Total Active Service time reflected on his DD Form 214 is in error, and requires corrective action.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit F.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the point made by AFPC/DP3SP that they were unable to verify his claimed service in Taiwan.  In support of his request, the applicant provides a very poor copy of Special Order Number 152, dated 24 Nov 55, listing his name as a member of the 311th Fighter Bomber Squadron, assigning the unit to depart 30 Nov 55 for temporary duty (TDY) for an indeterminate number of days in Formosa, Taiwan, performing a special mission.  

A complete copy of the applicant’s response is at Exhibit H.

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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the applicant is a victim of an injustice. We note that after AFPC/DP3SP’s review of the applicant’s official military personnel record, they were able to determine his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflects his U.S. Army service from 29 Apr 54 to 31 Aug 54.  Additionally noted, is that they were unable to verify his claimed service in Taiwan from Oct 55 to Dec 55.  However, the evidence submitted by the applicant convinces us that corrective action is warranted.  In this respect, based on the photographs and copy of order provided by the applicant, we are persuaded it is more likely than not that he served with the 311th Fighter Bomber Squadron, in Formosa, Taiwan.  The very poor quality of the copy of special order appears to indicate, at item #4, the members identified on the order were to proceed on 30 Nov 55 from APO 970 to Taiwan for approximately 35 days.  In both the application and rebuttal the applicant indicated his tour of duty in Taiwan was through Dec 55; therefore, based on the orders travel date of 30 Nov 55, 1-31 Dec 55 is our recommendation for his “boots on ground” time in Taiwan.  We note AFPC/DPS3SP’s research revealed the Korean Defense Service Medal (KDSM) should have been awarded for his service from 1 Sep 54 to 21 Dec 66, but was not reflected in his records, and upon final Board decision, administrative correction of the applicant’s official military personnel record will be accomplished.  Additionally, based on the findings of AFPC/DPSIPV’s review of the applicant’s military personnel records, AFPC/DPSOR determined corrective action is required to correct the applicant’s DD Form 214 to accurately reflect the Total Active Service time on his DD Form 214.  Therefore, in addition to the relief identified to be rendered administratively, we recommend the applicant's 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:

a.	He had boots on the ground in Formosa, Taiwan, 1 through 31 December, 1955. 

b.	He has twelve years, and one month of active duty service.    

The following members of the Board considered AFBCMR Docket Number BC-2015-02481 in Executive Session on 21 Apr 16 under the provisions of AFI 36-2603:

All members voted to correct the record as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAPP, dated 25 Sep 15.
	Exhibit D.  Memorandum, AFPC/DP3SP, dated 7 Dec 15.
	Exhibit E.  Memorandum, AFPC/DPSIPV, dated 16 Feb 16.
	Exhibit F.  Memorandum, AFPC/DPSOR, received 29 Feb 16.
	Exhibit G.  Letter, SAF/MRBR, dated 4 Mar 16.
	Exhibit H.  Letter, Applicant, dated 18 Mar 16, w/atch.  

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.