ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1992-02928
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests that his
records be corrected to reflect he was awarded the Distinguished Service
Medal (DSM) versus the Legion of Merit (LOM), first oak leaf cluster
(1OLC), upon his retirement.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served as Chief Master Sergeant of the Air Force (CMSAF) from 1
Jul 86 through 1 Aug 90. On 20 Jun 90, the Chief of Staff of the Air Force
(CSAF) approved the recommendation for award of the DSM for the applicant.
On 26 Jun 90, the Secretary of the Air Force Personnel Council (SAFPC)
stated in a memorandum that the DSM recognizes exceptionally meritorious
service in a duty of great responsibility (general officer level) and
current policy was that the CMSAF was awarded the LOM upon retirement. On
27 Jun 90, the CSAF approved the recommendation for the award of the LOM
and the Secretary of the Air Force (SAF) subsequently approved award of the
LOM (1OLC) for the applicant. For an account of the facts and
circumstances surrounding his appeal and the Board's decision, see the
Record of Proceedings at Exhibit G.
In his request for reconsideration, the applicant provided a statement from
the current CMSAF, which states that each CMSGT subsequent to the
applicant's tenure has been awarded the DSM upon retirement. His complete
submission is at Exhibit H.
_________________________________________________________________
THE BOARD DETERMINES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After reviewing the statement from the
current CMSAF, the majority of the Board is not persuaded that the relief
requested should be approved. While it may be true that all former CMSAFs
have been awarded the DSM, the majority of the Board notes that the
Secretary determined that he was not inclined to waive policy at that time.
Therefore, the majority of the Board finds no basis upon which to
recommend favorable action on this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1992-
02928 in Executive Session on 26 Sep 03, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Michael K. Gallogly, Member
Mr. Vaughn E. Schlunz, Member
The majority of the Board recommends denial of the relief requested. Mr.
Gallogly voted to grant the relief but does not desire to submit a minority
report. The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 10 May 93, w/atchs.
Exhibit H. Letter, AF/CCC, dated 24 Sep 03.
CHARLES E. BENNETT
Panel Chair
AFBCMR BC-1992-02928
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
MILITARY RECORDS (AFBCMR)
SUBJECT:
I have carefully reviewed all of the circumstances of the applicant’s
case and do not agree with the majority of the panel that his request for
award of the Distinguished Service Medal (DSM) should be denied.
The former Chief of Staff of the Air Force (CSAF) approved a
recommendation to award the applicant, the former Chief Master Sergeant of
the Air Force (CMSAF), the DSM as an exception to policy at that time.
Upon being apprised that he lacked approval authority; that the DSM was
only awarded to general officers, and that no enlisted members of any
service received the DSM, the former CSAF downgraded the award to the
Legion of Merit (LOM).
Based on data that shows the other services did not prohibit the award
of the DSM to their highest enlisted member at that time, the applicant
asked the Board to reconsider his request through the office of the current
CMSAF. By a majority vote, the Board considered and again recommended
denial of the applicant’s case. As indicated earlier, I disagree.
The former CSAF carefully considered the applicant’s accomplishment
during his tenure as the top Air Force enlisted advisor and believed that
his performance of duty warranted the DSM as an exception to policy. As
the former CSAF states, unfortunately, they didn’t do their homework when
they started the process. Consequently, his approval of the award was
invalid. When that became evident, he discussed it with the Secretary who
was not inclined to make the exception to the Air Force policy whatever the
other services were doing. He firmly believes that had he discussed it
with the Secretary before the fact, the outcome would undoubtedly have been
different. The policy was subsequently changed and all retiring CSAFs are
eligible for award of the DSM.
In view of the foregoing, a reasonable doubt has been raised that had
the former CSAF been provided accurate information concerning the practices
of the other services, he may have been able to persuade the Secretary to
immediately change the policy or to award the DSM to the applicant as an
exception to policy. Considering all the circumstances of the case, the
benefit of any doubt should be resolved in favor of the applicant.
Accordingly, it is my decision that applicant’s request be granted. In
arriving at my decision, I am aware of the support of the CMSAF, the
Secretary of the Air Force and the Chief of Staff. Accordingly, it is my
decision that the applicant’s request be granted.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-1992-02928
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. The Legion of Merit, awarded for the period 1 July 1986
through 20 September 1990, be, and hereby is, declared void and removed
from his records.
b. He was recommended for award of the Distinguished Service
Medal for exceptionally meritorious service, for the period 1 July 1986
through 20 September 1990 on 19 June 1990, and the recommendation was
approved by competent authority on 20 June 1990, as an exception to policy.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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