RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02512

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Korean Service Medal (KSM).

APPLICANT CONTENDS THAT:

He served at Kunsan AB, Korea from Jul 84 to Jul 85, and was never awarded the KSM.  His service in Korea was not identified on 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 initially enlisted in the Regular Air Force on 15 Nov 74.

According to the applicant’s performance reports he was assigned and served in Korea from 18 May 84 through 26 Jun 85.

On 1 Oct 94, the applicant was furnished an honorable discharge, and was credited with 17 years, 2 months, and 6 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice.  DPSID, states, after reviewing the applicant’s official military personnel record (MPR), they were unable to verify the applicant was awarded the KSM. 

The Korean Service Medal is awarded to personnel who were assigned or attached to combat or service units designated by the Commander, Far East Air Forces, in general orders for service within the Korean Theater or adjacent areas between 27 June 1950 and 27 July 1954.  The term “Korean Theater” as used in this instruction includes the areas that encompass North and South Korea, Korean waters, the air over North and South Korea, and the air over Korean waters.  Personnel also are considered having participated in an engagement if they were members of a designated combat or service unit in the Korean Theater; a combat or service unit, other than one within the Korean Theater, which was designated by the Commander, Far East Air Force, as having directly supported the military operations in the Korean Theater; or a designated headquarters of the Far East Air Forces that exerted a distinct and contributory effort to the military operations in the Korean Theater.  The personnel must have performed the prescribed service while they were on permanent assignment, on temporary duty with a designated unit or headquarters for 30 consecutive days or 60 nonconsecutive days, or in actual combat against the enemy, as reflected by an awarded combat decoration or furnished a certificate by a division, comparable, or higher unit commander, a ship, comparable, or higher unit commander, or an Air Force group, comparable, or higher unit commander stating that they actually participated in combat.

The applicant’s service in Korea was after the inclusive period for award of the KSM, however, the applicant’s period of service does qualify him under the criteria established for award of the Korean Defense Service Medal (KDSM) and his records will be administratively corrected to reflect this medal in his records.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Dec 15, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  We note the Air Force OPR determined the applicant’s entitlement to the Korean Defense Service Medal and his records will be corrected administratively.  Accordingly, we find the application untimely and find no basis to recommend granting relief beyond that rendered administratively.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-02512 in Executive Session on 24 Feb 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02512 was considered:

	Exhibit A.  DD Form 149, dated 10 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 6 Oct 15.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Dec 15.