RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01150
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Legion of Merit (LOM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was an unexpected delay in the approval process for his
award of the LOM prior to his retirement.
In support of his appeal, the applicant provides a personal
statement and copies of his LOM recommendation package,
performance reports, an Exception to Policy (ETP) letter, LOM
policy guidance, timeline for the LOM submission, and an
electronic communication.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 June 2008, the applicant was released from active duty and
transferred to the Retired Reserve effective 1 July 2008 in the
grade of chief master sergeant (E-9) due to reaching his High
Year of Tenure Date (HYTD). He served a total of 33 years of
satisfactory Federal service for retirement purposes, and is
eligible to draw retired pay effective 1 February 2010 on his
60th birthday.
SAFPC received the original LOM submission on 26 June 2008, with
a presentation date of 1 July 2008. However, the package did not
include an Exception to Policy (ETP) letter as required and there
were numerous errors in the format of the submission. While
waiting for the unit to provide additional information and
changes to the award package, the applicant retired effective
1 July 2008. In view of this, SAFPC would not consider the
nomination since the applicant was no longer on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K states they have no adequate basis to disagree with the
decision of the applicants leadership to recommend him for award
of the LOM. A1K indicates that no further action or input from
them is appropriate or warranted.
The complete A1K evaluation is at Exhibit C.
SAFPC indicates that based on the documentation provided by the
applicant in the AFBCMR file, specifically due to incomplete and
missing information, and incorrect format, the Air Force
Decoration Board (AFDB) would have most likely disapproved the
LOM. However, had all required information and missing
documentation been provided, and the citation been in the correct
format, the ETP would have likely been favorably considered.
The complete SAFPC evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
In further support of his appeal, the applicant provides a
corrected LOM Citation incorporating the recommended changes.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. The applicant was
recommended for award of the LOM for the period of April 2004 to
1 July 2008. However, the award package was submitted
incomplete, missing information, and in an incorrect format. By
the time the applicants award package was corrected, he had
already retired and SAFPC would not consider it. It is unclear
as to why the initial award submission was improperly processed
or why an ETP letter was not included; however, we note that
SAFPC indicates that had the recommendation been appropriately
submitted, it would most likely have been approved. Therefore,
it is our opinion that an injustice exists, which should be
corrected in favor of the applicant. Accordingly, we recommend
that his records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 30 June 2008,
he was awarded the Legion of Merit, for exceptionally meritorious
conduct during the periods 1 September 2005 to 25 February 2006
and 16 February 2007 to 1 July 2008.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 17 November 2009, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2009-
01150 was considered:
Exhibit A. DD Form 149, dated 19 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 20 Jun 09.
Exhibit D. Letter, SAF/MRBR, dated 26 Jun 09.
Exhibit E. Letter, SAF/MRBP, dated 27 Aug 09.
Exhibit F. Letter, AFBCMR, dated 8 Sep 09.
Exhibit G. Letter, Applicant, dated 8 Oct 09.
Panel Chair
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