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AF | BCMR | CY2001 | 0003136
Original file (0003136.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NO.:  00-03136
                                   INDEX CODE:  107.00


                             COUNSEL:  NONE

                             HEARING DESIRED:  NO


The applicant requests he be awarded the Legion of Merit (LOM)  Medal.   The
applicant's submission 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).   Applicant's  response  to  the  advisory
opinion is at Exhibit E.

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
adequately rebutted by applicant.  We noted that  consequent  to  a  similar
request submitted by the applicant in 1983, orders were  published  awarding
him the Air Force Commendation, (AFCM) fourth  oak  leaf  cluster,  for  the
same period applicant is requesting award of the Legion of  Merit  Medal  (1
Jan 65 through 15 Apr 66).  It appears that the orders were published  under
the assumption that the AFCM had been previously awarded to  the  applicant.
Other than the published orders, there was no evidence of the  AFCM  in  the
documentation provided, nor has the applicant  provided  any  evidence  that
would lead us to believe that the  orders  were  published  inappropriately.
In absence of such evidence, we find  no  compelling  basis  upon  which  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 available at the time the application was filed.

Members of the Board, Mr. Teddy L. Houston, Mr.  William  H.  Anderson,  and
Mr. Richard M. McCormick, considered this  application  on  21  Feb  01,  in
accordance with the provisions of Air  Force  Instruction  36-2603  and  the
governing statute, 10 U.S.C. 1552.




                                  TEDDY L. HOUSTON
                                                   Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/Atchs
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Letter Forwarding Advisory Opinion
E.  Applicant's Response, w/Atchs

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