RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04090
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Legion of Merit with one
oak leaf cluster (LOM w/1OLC).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The LOM citation was initiated prior to his official retirement date;
however, it was not approved until after his retirement.
In support of his request, the applicant submits three letters of
recommendation for the LOM w/1OLC, his LOM narrative with citation, and his
senior officer personnel brief.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was honorably discharged on 30 Jun 09 and retired on 1 Jul
09.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR makes no recommendation. DPSIDR states the LOM is awarded
to officers and enlisted personnel of the armed forces of the United States
and other countries “who shall have distinguished themselves by
exceptionally meritorious conduct in the performance of outstanding
services.” The LOM may be awarded for combat or noncombat services.
DPSIDR was unable to locate a special order or any other official
documentation that would verify the LOM 1st OLC recommendation was
submitted into official channels before the applicant’s retirement;
however, DPSIDR notes he has the appropriate recommendations from his
senior officers.
The complete DPSIDR 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 5 Mar
10 for review and comment within 30 days. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was time filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice that would warrant award of the LOM. In
this respect, we note the applicant has provided signed recommendations
from his commanding officers requesting he be awarded the LOM.
Additionally, in an informal review, the Secretary of the Air Force
Personnel Council stated had the LOM been completed prior to his
retirement, they would have more than likely approved the decoration.
Therefore, we recommend his records be corrected to the extent 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 2009, he was awarded the
Legion of Merit, First Oak Leaf Cluster, for exceptionally meritorious
conduct in the performance of outstanding service.
_______________________________________________________________
The following members of the Board considered AFBCMR BC-2009-04090 in
Executive Session on 26 Aug 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 27 Oct 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 1 Feb 10.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 10.
Panel Chair
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