RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00409 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show the award of the Medal of Honor (MOH). _________________________________________________________________ APPLICANT CONTENDS THAT: He should be awarded the MOH as he is entitled to it for actions he took during the Korean War on 30 Oct 50. The military action on that date was never made a part of his records. In support of his appeal, the applicant provides a personal statement, several letters of support – including a letter from the Military Advisor from the Republic of Korea, presenting the applicant with the citation to accompany the award of the Wha-Rang Distinguished Military Service Medal with Silver Star, and copies of pertinent personnel records to include his DD Form 214, Report of Separation from the Military of the United States. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: While serving in the Korean War, on 30 Oct 50, the applicant was assigned to the 7th Infantry Regiment, Republic of Korea Army, he and a small force of friendly combatants that he reorganized during a retreat risked their own lives to hold off the enemy while the remaining members of the 7th Infantry made their way back to friendly lines. He was wounded and captured by Chinese forces but managed to escape and return to friendly forces three months later. The applicant was awarded the Wha-Rang Distinguished Military Service Medal with Silver Star for exceptionally meritorious service between 25 Jun and 15 Sep 50, and on 30 Oct 50.An earlier application to the AFBCMR yielded a change to his records which entitled him to award of the Prisoner of War Medal, the Purple Heart Medal, and the Korean Service Medal. He was retired for physical disability on 31 Mar 53 after having served for 4years, 9 months, and 29 days. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial as the applicant failed to provide adequate documentation consisting of eyewitness statements, chain of command endorsements, and a referral by a member of Congress. Additionally, after a review of the applicant’s records, DPSIDR was unable to locate any official records, to include a special order or recommendation, which would confirm the applicant’s entitlement to the MOH. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation (Exhibit D) was forwarded to the applicant on 13 May 11 for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP addresses the applicant’s contention the Wha-Rang Distinguished Military Service Medal with Silver Star is the equivalent of the United States MOH and recommends denial as the applicant failed to provide any evidence to substantiate his contention. Additional research yielded that while many Korean War Veterans received the same Korean medal as the applicant, they were not awarded any higher decorations as a result of such award. Based on the documentation provided, the applicant was appropriately awarded the PH Medal and the POW Medal. A complete copy of the SAF/MRBP evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant indicates that he was nominated for the MOH through his Congressional representative who submitted the nomination through proper authorities. He does not understand why a letter from the Korean Government is not enough proof of his heroism. In support of his response, the applicant provides an expanded statement and copies of _________________________________________________________________ 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 with regard to his request for entitlement to the MOH. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and SAF/MRBP and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While we are extremely thankful for his service and the sacrifice inherent with such service, we simply could not find any of the required evidence listed in the DPSIDR opinion in his application or rebuttal. Additionally, the Secretary of the Air Force Personnel Council (SAFPC) noted the lack of evidence indicating that the Wharang Distinguished Military Service Medal with Silver Star, while a prestigious award of the South Korean government, had any connection to the MOH of any type. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2011-00409 in Executive Session on 17 November 2011, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00409 was considered: Exhibit A. DD Form 149, dated 4 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 11 Apr 11 Exhibit D. Letter, SAF/MRBR, dated 13 May 11. Exhibit E. Letter, SAF/MRBP, dated 28 Oct 11. Exhibit F. Letter, AFBCMR, dated 1 Nov 11. Exhibit G. Letter, Applicant, undated, w/atchs. Vice Chair