RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-02861

XXXXXXXXXX	COUNSEL:  NONE
	
 	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, issued 28 February 1997, Item 13, Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized, reflect award of the Korean Defense Service Medal (KDSM).

APPLICANT’S CONTENTIONS

He was a C-130 navigator assigned to the 21st Tactical Airlift Squadron (TAS), Clark Air Base, Philippines from 1977 to 1979.  During this time, he went on multiple temporary duty (TDY) assignments to the Republic of Korea.  Based on the accumulated TDY days in country, he has sufficient time for award of the KDSM.

In support of his request, the applicant provides copies of his personal flight records and a summary of flight data for the inclusive period detailing TDY dates, locations, and duration.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5).  

On 23 November 1972, the applicant entered active duty and on 28 February 1997, he was released from active duty for the purpose of retirement.   Item 11, Primary Specialty, indicates the applicant served 16 years and 5 months as an Airlift Navigator.  He was credited with 24 years, 3 months, and 8 days of total active service and 8 years, 6 months, and 29 days of Foreign Service time.

On 10 January 2010, the applicant was ordered to extended active duty for the period 16 February 2010 to 15 February 2012. On 15 February 2012, the applicant was furnished another DD Form 214 in conjunction with his subsequent retirement.  

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

APPLICABLE AUTHORITY

The Air Force Personnel Center Assignment Policy Directorate (AFPC/DP3AM) is responsible for determining an Air Force member’s Foreign Service.  Since specific locations are not annotated on the DD Form 214, they will prepare a Boots-on-Ground letter if they are able to verify a member served at a specific foreign location.  This letter may be used to validate overseas service.

AFI 36-2110, Total Force Assignments, states use a combination of the following documents to verify completed TDY assignments: travel vouchers, PCS orders, decoration citations, enlisted or officer performance reports and records review Report on Individual Personnel.

AFI 36-2803, The Air Force Military Awards and Decorations Program, dated 18 December 2013.  In February 2004, the Department of Defense approved the KDSM to recognize 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.  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: (1) Be engaged in actual combat during an armed engagement, regardless of the time in the areas of eligibility; (2) Be killed, wounded, or injured in the line of duty and required medical evacuation from the area of eligibility. The KDSM may be awarded posthumously; (3) 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. 

Air Force Instruction 36-2603, Air Force Board for Correction of Military Records, paragraph 3.4.4, states applicants have the burden of proof for providing evidence in support of their claim that they are the victim of an error or injustice. 

AIR FORCE EVALUATION

AFPC/DP3AM recommends denying the application.  A review of the applicant’s master personnel records and documentation submitted failed to provide any documents that substantiate Foreign Service time in the Republic of Korea.  

The complete advisory opinion is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for the KDSM indicating they were unable to determine he was permanently assigned, attached, or detailed to a specific unit within the area of eligibility.  The applicant provided documents in which he claims 65 non-consecutive days of flights in and out of Korea; however, they were unable to verify the authenticity of the documents as they were not located in his military personnel record. 

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinions to the applicant on 6 April 2021 for comment (Exhibit E), and the applicant replied on 6 April 2021.  In his response, the applicant provides documents reflecting his assignment to 21 TAS.  He maintains that while assigned to 21 TAS, he routinely flew into the area of eligibility.  The cumulative time he spent in Korea qualifies him for award of the KDSM.  

The applicant’s complete response is at Exhibit F.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3AM and AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  According to AFI 36-2603, Air Force Board for Correction of Military Records, applicants have the burden of proof for providing evidence in support of their claim.  The AFBCMR staff made every possible effort, but was unable to obtain military records for the period from 1977 to 1979.  The Board notes that without the records for the period in contention, the authenticity of the applicant’s supporting documentation could not be verified.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-02861 in Executive Session on 24 June 2021:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 May 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP3AM, dated 15 July 2019.
Exhibit D: Advisory opinion, AFPC/DP3SP, dated 5 April 2021.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 6 April 2021.
Exhibit F:	Applicant’s response, dated 6 April 2021.

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