RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01228
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 October 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Meritorious Service Medal (MSM) be upgraded to the Legion of Merit
(LOM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The LOM was denied because he was a reservist on extended active duty.
In support of the appeal, applicant submits a draft copy of the
nomination that was submitted by the Chief of the Air Force Reserve.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was a Reservist on extended active duty, in the grade of
Chief Master Sergeant, with the date of rank and effective date of 1
Sep 81. He retired on 31 May 1990.
There are no records available.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1B states they cannot support the applicant’s request. They
further state, in accordance with information obtained from
AFPC/DPPPRA, Recognition Programs Branch, the policy pertaining to LOM
nomination procedures for enlisted members at the time of the
applicant’s retirement in 1986 was based upon the level of
responsibility. The criteria established only Chief Master Sergeants
performing duties in the position of Chief Master Sergeant of the Air
Force were qualified for LOM consideration based on the level of
responsibility. The applicant did not serve in the established
qualifying position of Chief Master Sergeant of the Air Force.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
14 Jul 06 for review and comment. As of this date no response has
been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. It is
noted, at the time of the applicant’s retirement, the criteria
established only chief master sergeants performing duties in the
position of Chief Master Sergeant of the Air Force were qualified for
LOM consideration based on level of responsibility. The applicant did
not serve in the established qualifying position of Chief Master
Sergeant of the Air Force. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief sought
in this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2006-01228 in Executive Session on 26 October 2006, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Todd L. Schafer, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1B, dated 28 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 14 Jul 06.
MICHAEL J. NOVEL
Panel Chair
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