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AF | BCMR | CY2006 | BC-2006-01228
Original file (BC-2006-01228.doc) Auto-classification: Denied

                       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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