RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03096 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated with the following: Removal of Mid-East Crypto Linguist Craftsman Arabic (advanced) course (3ME), dated Jan 1993; (Administratively corrected) Award of Joint Meritorious Unit Award (JMUA) with two Bronze Oak Leaf Clusters (w/2BOLC); (Administratively corrected) Approval of the Legion of Merit (LOM) for period of service June 2011 to June 2012. APPLICANT CONTENDS THAT: He never attended the 3ME course but instead completed the Missile Academic Instructor Course during the time period in which the 3ME course occurred. Only one JMUA is reflected on his DD Form 214 but he served in three units given the award during different time periods: USJFCOM Joint War Fighting Center from 1 Jan 02 to 30 Nov 04; Joint Staff from 12 Sep 03 to 17 Sep 07; and Joint Staff from 18 Sep 07 to 31 Dec 11. On the occasion of his retirement, the Missile Defense Agency (MDA) recommended him for the LOM. However, they submitted the package after his retirement date and it therefore was not considered by the approval authority. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 22 Jun 89, the applicant entered the Regular Air Force. Information provided by the applicant, AF Form 1256, Certificate of Training, shows the applicant completed the Missile Academic Instructor Course 184500-001 on 15 Jan 93. Information provided by the applicant, a copy of the Office of the Under Secretary for Personnel and Readiness website, Table 1. Joint Meritorious Unit Award – Approved DoD Activities, documents the following units were awarded the JUMA: USJFCOM, Norfolk, Virginia for period 1 Jan 02 to 30 Nov 04; The Joint Staff (to include the Office of the CJCS and DIA/J-2) for period 12 Sep 03 to 17 Sep 07; and The Joint Staff (to include the Office of the CJCS and DIA/J-2) for period 18 Sep 07 to 31 Dec 11. On 31 Jul 12, the applicant was relieved from active duty and retired, effective 1 Aug 12. He was credited with 23 years, 1 month and 10 days of active service. AIR FORCE EVALUATION: AFPC/DPSIT determined the training corrective action requested has been resolved through pertinent administrative procedures which do not require referral to the Air Force Board for Correction of Military Records (AFBCMR). DPSIT verified the applicant completed the Missile Academic Instructor Course on 15 Jan 93 and validated removal of the course he did not complete. The complete DPSIT evaluation is at Exhibit C. AFPC/DPSID recommends the Air Force Decorations Board advise on whether the applicant’s LOM package would have been approved had it been submitted into official channels. Based on review of the applicant’s official military personnel record, DPSID verified award of the JUMA w/2BOLC. They were able to determine the below Air Force Medal and/or Ribbon should have been awarded during the applicant’s service from 22 Jun 89 to 31 Jul 2012 and was not reflected in his record. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR: *Joint Meritorious Unit Award with two Bronze Oak Leaf Clusters (JMUA w/2BOLC). The complete DPSID evaluation is at Exhibit D. SAF/MRBP reviewed the applicant’s records and supporting documents requesting his DD Form 214 be updated to reflect the award of the LOM. The submission for the LOM requires an exception to policy (ETP) for two reasons: he was in a non- qualifying position (NQP); and he lacked the necessary 18 months time-in-position (TIP). Either of these ETP considerations requires Secretary of the Air Force Personnel Counsel consideration, regardless of the timing of the Décor 6 submission coming prior to or after his retirement. The narrative for the LOM is not sufficient to overcome two ETP considerations despite being submitted on the occasion of his retirement from active duty. Exceptions to policy require justification for each exception. The justification must also demonstrate the actions of the nominee were so exceptional to overcome the NQP and the lack of sufficient TIP. The complete MRBP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Apr 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting correction of the applicant’s records to reflect his entitlement to the LOM. We took notice of the applicant's complete submission, including attachments, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility 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 relief beyond that rendered administratively. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-03096 was considered: Exhibit A. DD Form 149, dated 27 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 6 Aug 14. Exhibit D. Memorandum, AFPC/DPSID, dated 24 Nov 14. Exhibit E. Memorandum, SAF/MRBP, dated 14 Jan 15. Exhibit F. Letter, SAF/MRBR, dated 4 Apr 15.