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AF | BCMR | CY2002 | 0200678
Original file (0200678.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS: 02-00678
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the Legion of Merit (LOM) for  his  retirement  decoration,
rather than the Meritorious Service Medal, 4th Oak Leaf  Cluster  (MSM
4OLC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired in the grade of chief master sergeant  on  1 Jan
02 with 29 years,  7  months  and  23  days  of  active  service.  His
performance reports reflect the highest overall ratings.

At the time of his retirement, the applicant  was  the  command  chief
master sergeant for the HQ 11th Wing (11WG) at  Bolling  AFB,  DC.  On
25 Jul 01, the 11WG recommended him for the LOM for the period 30  Oct
98 to 31 Dec 01. However, according to HQ AFPC/DPPPR (Exhibit C),  the
Secretary of the Air Force Personnel Council (SAFPC) disapproved  both
the original and reconsideration requests. On 24 Aug 01, the applicant
received the MSM 4OLC for the period 30 Oct 98 to 31 Dec 01.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advised that a 16 Mar 01  HQ  USAF/DP  message  stressed
that the LOM would be awarded for exceptionally meritorious conduct in
the  performance  of  outstanding  service  which  aided  the  US   in
furthering  its  national  policies,  interests  or  security  or  any
national allied or associated with the US during a period of  national
emergency. Award of the LOM was further restricted  to  Major  Command
(MAJCOM) Command Chief Master Sergeants who are retiring or moving  to
fill  the  Chief  Master  Sergeant  of  the  Air  Force   billet.   No
documentation was provided to show the applicant met the LOM criteria.
SAFPC is the final approval/disapproval authority for the  LOM.  SAFPC
disapproved  the  LOM  when  it  was  first  requested  and  again  on
reconsideration. Disapproval is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 5 Apr 02 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice to warrant upgrading the MSM  4OLC
to an LOM. The applicant’s contentions are duly noted; however, we  do
not  find  these  assertions,  in  and  by  themselves,   sufficiently
persuasive to override the rationale provided by  the  Air  Force.  We
therefore agree with their recommendations  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain his burden  of  having  suffered  either  an  error  or  an
injustice. In view of the above and absent persuasive evidence to  the
contrary, we find no compelling basis to recommend granting the relief
sought.

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  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal appearance; and
that 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  this  application  in
Executive Session on 20 July 2002 under the provisions of AFI 36-2603:

                 Mr. Jackson A. Hauslein, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John E. B. Smith, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
00678 was considered:

   Exhibit A.  DD Form 149, dated 14 Dec 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 26 Mar 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair

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