RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00320
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was awarded the Legion
of Merit (LOM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 1 Aug 08, he retired after 30 years of commissioned service
with the Air Force and Air Force Reserve. He was decorated with
a Joint Service Commendation Medal (JSCM) based on four years of
service (Extended Tour decoration 16 Oct 04 to 1 Aug 08). He
also received the Army Achievement Medal (AAM) (1 Jan 03 to 1 Jun
08) from the Illinois Army National Guard.
Six months before he retired his supervisor submitted him for the
LOM. Unfortunately, due to an administrative oversight the
decoration package was not forwarded to the Air Force. He was
not recognized with a separate retirement decoration based on his
career.
In support of his request, the applicant provides a letter from
the Selected Service System (SSS) National Director, a letter
from the SSS Region Director, a draft LOM recommendation and
proposed citation, his Officer Performance Report (OPR), a
Reserve Officer Data Verification Brief, Awards and Decorations
Information, his JSCM and AAM certificates, his JSCM citation,
and a signed/approved LOM recommendation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Aug 08, the applicant retired from the Air Force Reserve in
the grade of colonel.
At the time of his retirement, he was assigned as the Individual
Mobilization Augmentee, Commander, Mobilization Office
Coordinator, Selective Service System, Detachment 1-1,
Springfield, IL, and had 30 years commissioned service and
16 months time in grade (TIG) as a colonel.
In recognition of his retirement, he was recommended for award of
the LOM.
IAW the delegation authority in place at the time of this event, Delegation of Approval Authority for Award of the Legion of Merit
(LOM) to USAF Members message 132236Z Jan 05, section 4H, states
that Upon retirement, after a long and distinguished career,
liberal interpretation of award criteria is appropriate for
officers serving in the grade of colonel and above, provided the
officers most recent performance warrants such consideration.
Criteria for award of the LOM require 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. Paragraph 2 of the same message 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 DoD, or service which has aided the US in
furthering its national policies or service which has furthered
the interest 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.
IAW DoD Manual 1348.33, September 1996, Manual of Military
Decorations and Awards, paragraph C3.2.9. The number of
decorations that may be awarded to a service member is not
limited; however, only one decoration is awarded for the same
act, achievement, or period of service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director, SAFPC recommends denial. The Director, states
based on the documentation provided by the applicant in the
AFBCMR case file, had the LOM recommendation been completed prior
to his retirement, the Air Force Decorations Board (AFDB) would
have returned the decoration to the recommending official IAW DoD
Manual 1348.33. Had the recommending official rescinded the two
decorations for the applicants current period of service and
resubmitted the LOM with a rewritten citation, only capturing his
significant accomplishments in his current period of service and
meeting the criteria of the January 2005 LOM message, the AFDB
would likely have approved the decoration.
The applicant is ineligible for award of the LOM due to his
previous receipt of the Joint Service Commendation Medal (for
meritorious service), signed 7 Jul 08, and the Army Achievement
Medal (for meritorious service) for the period 1 Jan 03 1 Jun
08.
The LOM citation provided with the applicants request covers his
entire Air Force career, from 31 Jul 78 to 1 Aug 08. The award
of the LOM, as with any military decoration, can cover only the
members most recent assignment or since the period of his last
decoration, unless the decoration is for a single act of
achievement (or heroism), not otherwise recognized in a later
decoration.
The complete SAFPC evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The USAF Reserve officers assigned to the SSS as IMAs serve more
in a traditional Reservists role. They are attached to Joint
Service Detachments across the country and drill the first
weekend of every month as a unit, without however, the technical
or personnel support that traditional Reservists benefit from.
During the more than 16 years he was assigned to SSS, he served
under seven different National Directors (Senior Executive
Service) and six different Region Directors (GS-15). Each one of
these individuals brought a unique perspective on how they dealt
with and treated the Reservists.
Reservists serve under two very different chains of command.
First, they have to meet the requirements of the SSS chain of
command at Region HQ (RHQ) and National HQ (NHQ) levels before
anything is ever forwarded to the Air Force. Then, the Air Force
has to approve it. Countless times paperwork had to be revised
to resolve conflicts and satisfy the requirements of each
organization separately.
His decorations were being processed during a time when a new
staff member was learning the process.
New military awards guidance was sent to the field two months
prior to his retirement. He received an SSS Meritorious Service
award with Bronze medal, which was based on almost two years of
effort and was never incorporated into his records. The Air
Force views it as a two year period in which he was not
decorated.
The NHQ Director approved him for the JSCM on 7 Jul 08, and two
days later, initialed his approval for the retirement LOM.
Unfortunately this package was then misplaced for almost three
years. Although the JSCM may not have been very well written,
there was an honest intent by SSS NHQ to acknowledge his
contributions and decorate him with two distinct and separate
medals.
The advisory writer identifies the timeframe conflict.
Sometimes, it is hard to differentiate between what actions take
place during which timeframe. Such as in the case of US Army
private first class Jessica D. Lynch, she received three medals,
all of which were based on the same 30 minute time span. There
were three separate justifications written by the same
organization, for three separate medals, covering the same time
period.
He is confident the AAM he was awarded by the Adjutant General
and the Assistant Adjutant General of the State of Illinois was
meant to supplement the retirement medal that the Air Force would
award him.
This is not the first time that the SSS has had significant
issues in presenting a colonel with a LOM as a retirement
decoration. An Army colonel, after going through the Army Board
for Correction of Military Records, was decorated with the LOM
three years and one month after his retirement.
In accordance with AFI 36-2803, Air Force Awards and Decorations
Program, paragraph 2.3.4. Retirement. Review records and
consider the individuals entire career to determine the
appropriate level of decoration for retirement
The applicants complete response, with attachments, is at
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 that would
warrant award of the LOM. In this respect, we note the applicant
has provided signed recommendations from his senior leaders
requesting he be awarded the LOM. We considered the comments and
recommendation of the Director, SAFPC; however, we believe based
on the applicants outstanding performance and contributions
noted by his superiors during the period of 31 Jul 78 to 1 Aug
08, that any doubt should be resolved in the applicants behalf.
Therefore, and in recognition of his over 30 years of honorable
service, we recommend the applicants 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 31 July 2008,
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-2011-00320 in Executive Session on 1 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jan 11, w/atchs.
Exhibit B. Letter, SAF/MRBP, dated 6 Jul 11.
Exhibit C. Letter, SAF/MRBC, dated 13 Jul 11.
Exhibit D. Letter, Applicant, dated 5 Aug 11, w/atchs.
Panel Chair
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