RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2016-00638

XXXXXXXXXXXXXXX				COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Korean Defense Service Medal.

APPLICANT CONTENDS THAT:

He meets the criteria for the Korean Defense Service Medal due to his temporary duty (TDY) assignment to Osan Air Base, Korea.  However, the medal was not created until after he was discharged.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 14 October 1976.

According to DD Forms 1610, Request and Authorization for TDY Travel of DoD Personnel, provided by the applicant, issued on 17 May 1985 and 4 October 1985, the applicant went TDY to “Places within or outside the CONUS to include U.S. Facilities in the Republic of the Philippines.”

The applicant’s AF Form 910, TSgt, SSgt, Sgt Performance Report, for the period 28 November 1984 to 17 November 1985, states “...has personally overseen the implementation of large computer systems...at Osan Air Bases.”

On 13 February 1986, the applicant was furnished an honorable discharge, and was credited with 9 years and 4 months of active service.

AFI 36-2803, The Air Force Military Awards and Decorations Program, states, “Members need to retain copies of the permanent change of station (PCS) and/or Temporary Duty (TDY) orders, as well as paid travel vouchers, to substantiate entitlement to past and future awards/decorations.”

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.  In February 2004, the Department of Defense approved the Korean Defense Service Medal to recognize military service in the Republic of Korea and the surrounding waters after 28 July 1954 and ending on a future date as determined by the Secretary of Defense.  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 aforementioned areas 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.

While the applicant provided TDY orders, neither order indicated he went TDY to Korea, nor do his records contain travel vouchers to verify travel to Korea.  The applicant's AF Form 910 dated from 28 November 1984 to 27 November 1985, states “overseen the implementation of large computer systems at Travis, Kadena, Hickam, and Osan Air Bases.” However, without specific dates of service and length of the temporary duty, AFPC/DP3SP is unable to verify the applicant was in the area of eligibility for 30 consecutive days or 60 nonconsecutive days.  To award the Korean Defense Service Medal would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force, Chief of Staff, and/or the War Department.

AFPC/DP3SP is able to verify the applicant’s eligibility for the Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters.  Upon final Board decision, administrative correction of the applicant’s official military personnel records will be completed by AFPC/DP2STM.

A complete copy of the AFPC/DP3SP 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 12 August 2016, 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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  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, beyond the relief already granted administratively, 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.  Accordingly, we find the application untimely.

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-2016-00638 in Executive Session on 18 May 2017, under the provisions of AFI 36-2603:

 , Panel Chair
 , Member
 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00638 was considered:

Exhibit A.  DD Form 149, dated 13 February 2016, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/ DP3SP, dated 25 July 2016, 
  w/atch.
Exhibit D.  Letter, AFBMCR, dated 12 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 pertaining to AFBCMR Docket Number BC-2016-00638.