RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01150 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Legion of Merit (LOM). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

There was an unexpected delay in the approval process for his 
award of the LOM prior to his retirement. 

 

In support of his appeal, the applicant provides a personal 
statement and copies of his LOM recommendation package, 
performance reports, an Exception to Policy (ETP) letter, LOM 
policy guidance, timeline for the LOM submission, and an 
electronic communication. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 30 June 2008, the applicant was released from active duty and 
transferred to the Retired Reserve effective 1 July 2008 in the 
grade of chief master sergeant (E-9) due to reaching his High 
Year of Tenure Date (HYTD). He served a total of 33 years of 
satisfactory Federal service for retirement purposes, and is 
eligible to draw retired pay effective 1 February 2010 on his 
60th birthday. 

 

SAFPC received the original LOM submission on 26 June 2008, with 
a presentation date of 1 July 2008. However, the package did not 
include an Exception to Policy (ETP) letter as required and there 
were numerous errors in the format of the submission. While 
waiting for the unit to provide additional information and 
changes to the award package, the applicant retired effective 
1 July 2008. In view of this, SAFPC would not consider the 
nomination since the applicant was no longer on active duty. 

 


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AIR FORCE EVALUATION: 

 

AFRC/A1K states they have no adequate basis to disagree with the 
decision of the applicant’s leadership to recommend him for award 
of the LOM. A1K indicates that no further action or input from 
them is appropriate or warranted. 

 

The complete A1K evaluation is at Exhibit C. 

 

SAFPC indicates that based on the documentation provided by the 
applicant in the AFBCMR file, specifically due to incomplete and 
missing information, and incorrect format, the Air Force 
Decoration Board (AFDB) would have most likely disapproved the 
LOM. However, had all required information and missing 
documentation been provided, and the citation been in the correct 
format, the ETP would have likely been favorably considered. 

 

The complete SAFPC evaluation is at Exhibit E. 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 

In further support of his appeal, the applicant provides a 
corrected LOM Citation incorporating the recommended changes. 

 

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THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. The applicant was 
recommended for award of the LOM for the period of April 2004 to 
1 July 2008. However, the award package was submitted 
incomplete, missing information, and in an incorrect format. By 
the time the applicant’s award package was corrected, he had 
already retired and SAFPC would not consider it. It is unclear 
as to why the initial award submission was improperly processed 
or why an ETP letter was not included; however, we note that 
SAFPC indicates that had the recommendation been appropriately 
submitted, it would most likely have been approved. Therefore, 
it is our opinion that an injustice exists, which should be 
corrected in favor of the applicant. Accordingly, we recommend 
that his records be corrected as indicated below. 

 

________________________________________________________________ 


 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 30 June 2008, 
he was awarded the Legion of Merit, for exceptionally meritorious 
conduct during the periods 1 September 2005 to 25 February 2006 
and 16 February 2007 to 1 July 2008. 

 

________________________________________________________________ 

 

The following members of the Board considered this application in 
Executive Session on 17 November 2009, under the provisions of 
AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2009-
01150 was considered: 

 

 Exhibit A. DD Form 149, dated 19 Mar 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFRC/A1K, dated 20 Jun 09. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Jun 09. 

 Exhibit E. Letter, SAF/MRBP, dated 27 Aug 09. 

 Exhibit F. Letter, AFBCMR, dated 8 Sep 09. 

 Exhibit G. Letter, Applicant, dated 8 Oct 09. 

 

 

 

 

 Panel Chair