RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04226 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Defense Superior Service Medal (DSSM). (Administratively corrected). 2. He be awarded the Korean Defense Service Medal (KDSM) _________________________________________________________________ APPLICANT CONTENDS THAT: His DSSM was processed at the time of his DD Form 214, Certificate of Release or Discharge from Active Duty, was being prepared prior to his retirement; therefore, it was not included. The KDSM was not available during his active duty military career. It was created in 2004 per Public Law 107-314 with an eligibility period of 28 July 1954 to a future date to be determined by the Secretary of Defense. He is requesting the award based on more than 60 nonconsecutive days of service in the Republic of Korea as an aircrew member. In support of his request, the applicant provides copies of his DD Form 214, the DSSM citation with letter, a personal statement, his aircrew temporary duty (TDY) worksheet, special orders and his officer performance reports. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 August 1974, the applicant was commissioned as a second lieutenant in the Regular Air Force. He was progressively promoted to the grade of lieutenant colonel, having assumed that grade effective and with a date of rank of 1 January 1991. On 30 January 1997, he retired after serving 22 years, 10 months and 19 days of total active service. In February 2004, the Department of Defense approved the KDSM to be given as recognition for military service in the Republic of Korea and the surrounding waters after 28 July 1954 and ending on such a future date as determined by the Secretary of Defense. Individuals 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 the stated land and water areas. To be eligible for the KDSM, personnel must have been physically present in the stated areas for 30 consecutive or 60 nonconsecutive days, or must 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 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 one day toward the 30 or 60 day requirement. On 22 December 2010, DPSIDR corrected the applicant’s record to reflect the award of the DSSM. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s record reflects he served in the area of eligibility for 43 nonconsecutive days, instead of the required 60 days. DPSIDR states the documents provided by the applicant reflects on two occasions he was temporarily assigned to Osan Air Base, Korea on 22 March 1977, for 25 days and on 29 February 1984, for 18 days. The complete DPSIDR evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states his request was based on service he performed as a regularly assigned aircrew member and a participant in numerous operations and exercises in the Republic of Korea during the years of 1977-1984. He has provided detailed extracts from his aircrew flight log, two TDY orders and several officer performance reports indicating he served a total of 116 days in Korea. Concrete proof of his service in Korea can be found in his official flight records. After 30 years, he no longer possesses or can locate copies of his paid travel vouchers. Based on the details he has provided and equally important, the professional integrity instilled as an Air Force officer and continued throughout his professional career, he again request the Board’s favorable ruling for the award of the KSDM. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he should be given the requested relief. Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. Therefore, we therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice. While we note the applicant has provided data on spreadsheets from his personal flight records, we recommend the applicant contact the Air Force Flight Record Management Office at 301-981-4088 to obtain official copies of his flight records. Should the applicant provide official documentation that establishes he served in Korea for the required amount of time, we would be willing to reconsider his request. In view of the above and absent persuasive evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-04226 in Executive Session on 12 July 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Nov 10. Exhibit B. Letter, AFPC/DPSIDR, dated 22 Dec 10, w/atch. Exhibit C. Letter, SAF/MRBR, dated 7 Jan 11. Exhibit D. Applicant’s Response, dated 2 Feb 11.