RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05264
XXXXXXXX		COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be awarded the Legion of Merit (LOM).


APPLICANT CONTENDS THAT:

His DD Form 214, Report of Separation from Active Duty, does not 
reflect award of the LOM.

In support of his request, the applicant provides copies of his 
DD Form 214 and LOM certificate for the period 1 July 1972 to 
31 December 1974 with a “Given Under My Hand” date of 
14 February 1975.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

On 1 March 1975, the applicant retired from the Regular Air 
Force in the grade of colonel after serving 24 years, 1 month 
and 28 days of active duty.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  The LOM may be awarded by the 
Secretary concerned to members of the United States Armed 
Forces, who, after 8 September 1939, have distinguished 
themselves by exceptionally meritorious conduct in the 
performance of outstanding services.  The performance must have 
been such as to merit recognition of key individuals for service 
rendered in a clearly exceptional manner.  Performance of duties 
normal to the grade, branch, specialty, assignment, or 
experience of an individual is not an adequate basis for this 
award.  For service rendered in peacetime, the term "key 
individual" applies to a narrower range of positions than would 
be the case in time of war and requires evidence of significant 
achievement.  In peacetime, service should be in the nature of a 
special requirement or of an extremely difficult duty performed 
in an unprecedented and clearly exceptional manner.  However, 
justification of the award may accrue by virtue of exceptionally 
meritorious service in a succession of important positions.  The 
applicant has provided what appears to be an authentic signed 
certificate for the LOM with a “Given Under My Hand” date of 14 
February 1975.  A Special Order was not provided with this 
request and could not be located within the applicant's official 
military personnel record.  The special order officially 
authorizes award of a decoration and without it DPSID is unable 
to verify award of the LOM.  To grant relief would be contrary 
to the criteria established by DoD Manual 1348.33, Manual of 
Military Decorations and Awards.

The complete DPSID evaluation is at Exhibit C.

SAF/MRBP recommends denial. The special order that accompanied 
the LOM at the time of presentation is required to update the 
applicant’s records.

The complete MRBP evaluation is at Exhibit D.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

His LOM Merit was awarded on 14 February 1975, which should 
assist the case review officer is locating the Special order.

The applicant’s complete response is at Exhibit F.


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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
corrective action.  We note the recommendations from the Air 
Force offices or primary responsibility to deny the relief based 
on the fact they were unable to locate the special orders, 
awarding him the LOM.  However, the applicant has provided a 
signed copy of the LOM certificate with a “Given  Under My Hand” 
within weeks of his retirement and we find this evidence 
sufficient to conclude that the applicant more likely than not 
was awarded the LOM.  Therefore we recommend his records be 
corrected to reflect the award of the LOM.  Accordingly, we 
recommend the applicant’s 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 the DD 
Form 214, Report of Separation from Active Duty, issued in 
conjunction with his 1 March 1975 retirement, be amended in 
Block 26, Decorations, Medals, Badges, Commendations, Citations 
and Campaign Ribbons Awarded or Authorized, to reflect the 
Legion of Merit.


The following members of the Board considered this application 
in Executive Session on 18 September 2014, under the provisions 
of AFI 36-2603:

      	, Panel Chair
      	, Member
      	, Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2013-
04173:

    Exhibit A.  DD Form 149, dated 7 November 2013, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 28 February 2014.
    Exhibit D.  Letter, SAF/MRBP, dated 24 March 2014.
    Exhibit E.  Letter, SAF/MRBR, dated 28 March 2014.
    Exhibit F.  Letter, Applicant, dated 8 April 2014.