RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03605

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect all decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized during his service period of 30 Dec 54 to 04 Dec 58.

APPLICANT CONTENDS THAT:

He is recognized as a Korean War Veteran and finds it improbable to have served this much time on active duty and not have been awarded any medals or ribbons.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 04 Dec 58, the applicant was furnished an honorable discharge as an Air Force airman first class and was credited with 3 years, 11 months, and 5 days of active service to include 1 year, 6 months, and 11 days foreign and/or sea service.

On 04 Nov 90, the applicant was furnished an honorable discharge for retirement per NGB Form 22, Report of Separation and Record of Service, Air National Guard of Rhode Island, and was credited with 27 years total service for pay.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application for the award of the Korean Defense Service Medal.  The Korean Defense Service Medal period of eligibility is 25 Jul 54, to a future date to be determined by the Secretary of Defense.  Personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for the Korean Defense Service Medal eligibility, the non-consecutive service period for eligibility remains cumulative throughout the entire period.  Service members must have been permanently assigned, attached, or detailed to a unit that operated within the area of eligibility and must have been physically deployed for 30 consecutive or 60 non-consecutive days or meet one of the following criteria: was engaged or was killed, wounded, or injured in the line of duty and required medical evacuation from 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 one day toward the 30 consecutive or 60 non-consecutive day requirement.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 Oct 66, and 30 Jun 74, in an area for which the Korean Defense Service Medal was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the Korean Defense Service Medal as a one-time exception to policy.  There is no official documentation in the applicant’s master personnel records to verify his eligibility for the Korean Defense Service Medal.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board notes the applicant failed to provide sufficient evidence to show he is the victim of an error or injustice with regard to the award of any other decorations, medals, badges, commendations, citations and/or campaign ribbons during the time period in question.  The Board also reviewed the applicant’s master personnel record and found no evidence of an error or injustice with regard to his awards.  Furthermore, the Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03605 in Executive Session on 23 May 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP1SSP, dated 29 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Dec 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.