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AF | BCMR | CY1998 | 9800857
Original file (9800857.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

. ; i  

DOCKET NO: 9 8 - 0 0 8 5 7  
COUNSEL:  NONE 

HEARING DESIRED:  NO 

AUG  2  1 1998 

Applicant  requesds  that  he  be  awarded  the  Legion  of  Merit. 
Applicant,'s submi4sion is at Exhibit A. 

The appropriate  Air Force office evaluated applicant's request 
and provided  an advisory opinion to the Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant  for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

The  application  was  not  timely  filed;  however,  it  is  in  the 
interest of justice to excuse the failure to timely file. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board Mr.  Thomas  S. MarkieBicz, Mr.  Henry Romo 
Jr.,  and  Mr.  Walter  J.  Hosey,  considered  this  application  on 
1 9  August  1 9 9 8 ,   in accordance with  the provisions of Air  Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

THOMAS S. MARKIEWICZ 
Panel Chair 

Exhibits: 
A.  Applicant's DD Form 1 4 9  
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  AFBCMR Ltr Forwarding Advisory Opinion 

DEPARTMENT  OF THE  A I R   FORCE 

HEADQUARTERS AIR  FORCE P E R S O N N E L  CENTER 

RANDOLPH AIR  FORCE B A S E  TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCLIPPPRA 

550 C Street West Ste 12 
Randolph AFB TX  78150-4714 

10 April 1998 

SUBJECT: Application for Correction of Military Records (DD Form 149) m 

1. REQUESTED ACTION.  Applicant requests award of the Legion of Merit, recommended 6 
Sep 43, but never received. 

2.  BASIS FOR REQUEST.  Applicant provided documentation showing initial recommendation 
and indorsements. 

3.  FACTS. 

a.  On 14 Sep 43, applicant was recommended for the Legion of Merit; it was forwarded to 
the Commanding General, U.S. Far East Air Forces on 14 Sep 43, for performance of duty 1 Mar 
43-1 Aug 43 for “efficient operation both day and night ... his resourcefulness and outstanding 
leadership.”  It was further indorsed on 19 Nov 43 and 22 Nov 43. 

b  Applicant’s records do not contain any of the documents he forwarded with his applica- 
tion.  However, a COPY  of the formal recommendation and proposed citation are in his records, 
annotated “1 Dec 43 - Returned to CG, 5”  AF - NFC (No Further Consideration).” 

c.  The Legion of Merit is awarded for exceptionally meritorious conduct in the performance 

of outstanding service to the United States.  Superior performance of normal duties does not 
along justify award of this decoration. 

4.  DISCUSSION.  Since the recommendation did not contain sufficient justification for award 
of the Legion of Merit, it was returned 1 Dec 43 without action and marked ‘Wo Further Consid- 
eration.”  Apparently, the applicant did not know this documentation was in his files, as there is 
no indication he ever requested a complete copy of his personnel records.  There is no other 
documentation in his records regarding his service during World War 11, except for medical rec- 
ords, and AGO Form 24, Service Record (booklet). Although the applicant performed his duties 
in the Depot Machine Shop in an outstanding manner, award of the Legion of Merit is not justi- 
fied. 

5. RECOMMENDATION. 

We recommend disapproval of the applicant's request to be awarded the Legion of Merit 

based on a World War 11 recommendation. 

FOR THE COMMANDER 

GEORGIA A. WISE, DAFC 
Recognition Programs Branch 
Promotions, Eva1 & Recognition Div 

9  0857 



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