RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00934 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Legion of Merit (LOM). APPLICANT CONTENDS THAT: He was previously awarded the LOM as evidenced by the certificate provided. However, it is missing from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 05 Mar 51. On 30 Jun 73, the applicant was released from active duty and retired, effective 1 Jul 73, and was credited with 24 years, 2 months, and 11 days of active service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. A thorough review of the applicant’s military personnel record did not reveal a Special Order or an approved citation for the LOM. The applicant provided a signed Legion of Merit certificate with a Given Under My Hand date of 14 May 1973, signed by a Major General Verne L. Bowers, United States Army; however, there was no special order or approved citation within the applicant’s military personnel records. The Special Order is the official source documentation for verification of an authorized decoration. The applicant's date of retirement was 30 Jun 73, appearing that the Legion of Merit was presented to the applicant as retirement decoration as the award inclusive period on the provided certificate is July 1970 to Jun 1973. To grant relief would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. SAF/MRBP recommends denial indicating there is no evidence of an error or injustice. Should the applicant locate the Special Order for the LOM, he can apply for reconsideration to the Board for Correction of Military Records. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response, the applicant reiterates that he was assigned to a joint organization at the time of the award and the administrative responsibilities may have been handled by the Army (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 an error or injustice. 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 offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. 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-2014-00934 in Executive Session on 18 Dec 14, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 02 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 27 May 14. Exhibit D. Memorandum, SAF/MRBP, dated 07 Aug 14. Exhibit E. Applicant’s Rebuttal, dated 02 Sep 14.