RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05353 

               			COUNSEL:  NONE
    
            				HEARING DESIRED: NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show he was awarded the Korean Defense Service Medal (KDSM).

APPLICANT CONTENDS THAT:

He served in Korea from Aug 54 to Mar 55. In Jan 55 he was awarded Airman of the Month (letter from Commander attached).

This is a new award not offered at the time of his service.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214 he provided, he was honorably discharged on 18 Jan 57 after serving 3 years, 11 months and 2 days on active duty of which 11 months and 18 days was Foreign Service.

The applicant’s DD Form 214 includes award of the Korean Service Medal and the United Nations Service Medal.

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/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  The Korean Defense Service Medal was established in Feb 04 to recognize military service in Korea and the surrounding waters after 28 Jul 54 and ending on such a future date as determined by the Secretary of Defense. Eligibility is as follows:  Members 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 all the land and water areas of Korea. Personnel must have been physically present in the areas above for 30 consecutive days or 60 nonconsecutive days, or meet one of the following: be engaged in actual combat during an armed engagement, regardless of the time in the areas of eligibility, be killed, wounded, or injured in the line of duty and required medical evacuation from the area of eligibility. The Korean Defense Service Medal may be awarded posthumously, or while participating as a regularly assigned aircrew member flying sorties into, out of, within or over the area of eligibility in support of military operations.  Each day that one or more sorties are flown in accordance with these criteria shall count as 1 day toward the 30 or 60 day requirement.  Only one award of the Korean Defense Service Medal is authorized for any member, regardless of the number of days over 30 or 60, tours, temporary duties, or deployments served in the areas of eligibility.

The applicant's service in Korea spans both the inclusive period of the Korean Service Medal (27 Jun 50 and 27 Jul 54) and the Korean Defense Service Medal (after 28 Jul 54 to a date to be determined); however, a service member cannot receive both awards for the same period of service. The applicant was in Korea and met the award criteria established for the Korean Service Medal before the start date of the Korean Defense Service Medal; therefore, the appropriate award for the applicant's service in Korea is the Korean Service Medal, which is already reflected on his DD214.

A complete copy of the AFPC/DP3SPA 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 10 May 17 for review and comment within 30 days (Exhibit D).  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; 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 opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, 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-2015-05353 in Executive Session on 20 Jul 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining was considered:

	Exhibit A.  DD Form 149, dated 25 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 10 Nov 16
	Exhibit D.  Letter, SAF/MRBR, dated 10 May 17.

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.