RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03867 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be entitled to the award of the Legion of Merit (LOM). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

While still on active duty, he was recommended for the LOM; 
however, the LOM was not processed due to an administrative 
oversight in an earlier award for the Defense Meritorious 
Service Medal (DMSM). The oversight surrounding the award of 
the DMSM has been corrected and the recommending official 
requests as an exception to policy that he be considered for the 
LOM. 

 

He was initially awarded the DMSM as a meritorious service 
award; however, historically, all DMSMs awarded to Air Force 
astronauts in recognition of spaceflight missions have been 
written as “meritorious achievement” rather than “meritorious 
service.” The DMSM closed out with insufficient time to allow 
the LOM to be awarded. 

 

In support of his appeal, the applicant provides copies of 
letters of support from the recommending official, the Commander 
of the Air Force Space Command (AFSPC/CC) and the Chief, 
Astronaut Office; his officer performance reports for the period 
20 Sep 04 through 19 Sep 08; the LOM recommendation package; the 
DMSM elements, and other supporting documents. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was assigned as an Astronaut Pilot and Mission 
Specialist, Lyndon B. Johnson Space Center, National Aeronautics 
and Space Administration (NASA), AFSPC, Houston, Texas. In 
recognition of the applicant's retirement on 1 June 2009, he was 
recommended for award of the LOM (in an undated letter) by the 


Chief, Astronaut Office. This letter was never further endorsed; 
however, the recommendation for the award – computer request was 
signed on 16 Apr 09. 

 

The applicant retired effective, 1 June 2009. In a 14 Aug 10, 
letter from the Air Force Space Command Commander, it states 
that the delay of the LOM processing was due to the 
administrative process for getting the condition for award of 
the DMSM changed. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

SAF/MRBP recommends denial, stating, in part, based on the 
documentation provided by the applicant in the case file, had 
the Air Force Decorations Board (AFDB) received the LOM from 
AFSPC for consideration they would have contacted AFSPC and 
given them an opportunity for a rewrite and resubmission. 
However, without the rewrite, the LOM would have been 
disapproved due to insufficient justification and impact. 

 

IAW the Delegation of Approval Authority for Award of the Legion 
of Merit (LOM) to USAF Members message 121758Z May 09, Section 
5H, "liberal interpretation of award criteria is appropriate for 
officers serving in the grade of colonel and above, provided the 
officer's most recent performance warrants such consideration.” 
The criteria for award of the LOM requires a minimum of 
18 months in a qualifying position. Officer qualifying 
positions are: Wing/Vice Commanders; Group Commanders of all 
types; and Air Staff Division Chiefs. This section goes on to 
state "Ensure the award package reaches the AFDB with enough 
time for its consideration prior to the member's actual 
retirement date. Once a member's retirement has consummated in 
MILPDS, the AFDB no longer has authority to act on the award 
submission. 

 

Further, section 3 states "Normally awards to USAF members are 
limited to service in an extremely difficult duty that is 
performed in a clearly exceptional manner if such service is of 
marked national or international significance to the Air Force 
or the Department of Defense; or service which has aided the US 
in furthering its national policies; or service which has 
furthered the interests of the security of the US or any nation 
allied or associated with the US during a period of national 
emergency declared by the President or Congress." Based on the 
date of the DECOR 6, it was the intent of the applicant's 
leadership to recognize his accomplishments upon his retirement 
with the award of the LOM. 

 

The applicant was awarded the DMSM on 25 Mar 09 for the period 
1 Apr 07 to 14 Jun 08 for his meritorious service (changed to 
"impact") during Space Shuttle Discovery's STS-124 mission to 
the International Space Station. The period of award for this 


decoration should have been 31 May 08 to 14 Jun 08, the period 
of the STS-124 mission. There is nothing in the DMSM citation 
that discusses the applicant's pre-mission activities, thus the 
decoration should have only been for the specific period of the 
mission. 

 

Due to the award period of the Mar 09 DMSM, that time and the 
STS-124 mission cannot be considered in the award of the 
retirement LOM. Further, the applicant did not pin on colonel 
(0-6) until 1 Oct 06, so the period of time since his most 
previous decoration through 30 Sep 06 cannot be considered in 
the LOM inclusive period. Therefore, only the periods of time 
between 1 Oct 06 to 31 Mar 07 (six months), and 15 Jun 08 to 
31 May 09 (11 months, 15 days) can be considered for the 
retirement LOM. This period of time is 15 days short of the 
18 months required for award of the LOM, although not a show-
stopper for a retirement LOM. 

 

The complete SAF/MRBP evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Feb 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

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 error or injustice warranting 
approval of the applicant’s request for award of the Legion of 
Merit. While we note the comments of the Secretary of the Air 
Force Personnel Council (SAFPC) that they would have denied 
awarding the applicant the LOM based on the submission lacking 
sufficient justification and impact, SAFPC also points out that 
liberal interpretation of the award criteria is allowed for 
officers serving in the grade of colonel and above. Although 
the applicant is also 15 days short of the full 18 months 
required in a qualifying position, SAFPC advises that this too 
is not necessarily a “show-stopper.” We also note that time was 
removed from consideration due to overlapping with another award 
processed on the applicant. In reaching our decision to 
recommend approval of award of the LOM to the applicant, we 
placed great weight on the strong recommendation for approval 


from the highest level of his chain of command. In our view, 
the evidence of record indicates it was clearly their intent 
that the applicant receive the Legion of Merit at retirement. 
We also believe the evidence of record substantiates that the 
applicant made significant contributions to the Air Force and 
our Nation worthy of recognition by award of the LOM. 
Therefore, in the interest of equity and justice, we recommend 
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 May 2009, he was awarded the Legion of Merit for 
exceptionally meritorious conduct in the performance of 
outstanding service. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-03867 in Executive Session on 13 December 2011, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Sep 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, SAF/MRBP, dated 7 Feb 11. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Feb 11. 

 

 

 

 

 Panel Chair