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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