RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00330
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Legion of Merit (LOM) for the period of 3 July
2007 to 1 October 2010.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His unit recommended him for the LOM upon his retirement.
In support of his request, the applicant provides a copy of his
Recommendation for Award of the LOM from the Commandant,
National Defense University (NDU), with attachments.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 October 2010, the applicant retired in the grade of
colonel. He served 28 years, 6 months and 8 days of total
active service.
At the time of his retirement, the applicant was the Chair,
Department of Strategy and Policy for the National War College
(NWC), NDU.
On 10 August 2010, the President, NDU submitted the
recommendation for the LOM to the Secretary of the Air Force
Personnel Council (SAFPC).
The LOM is awarded to service members for exceptionally
meritorious conduct in the performance of outstanding service to
the United States (U.S.). Normally, awards to Air Force 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 (DoD); or service which has aided
the U.S. in furthering its national policies; or service which
has furthered the interests of the security of the U.S. or any
nation allied or associated with the U.S. during a period of
national emergency declared by the President or Congress.
Current Air Force policy for award of the LOM for retirement
requires service in a qualifying position, in the grade of
colonel or above, for at least 18 months. Qualifying positions
include, but are not limited to, wing/vice wing commanders,
group commanders of all types, Major Command directors, Air
Staff division chiefs, and Air Force Materiel Command and Air
Force Space Command designated materiel wing and group leader
equivalents. A request for an Exception to Policy (ETP) is
required for officers who have not held a qualifying position
for at least 18 months.
_________________________________________________________________
AIR FORCE EVALUATION:
SAF/MRBP makes no recommendation. However, MRBP states based on
the documentation provided by the applicant in the case file,
although the LOM recommendation was completed prior to his
retirement, the Air Force Awards and Decorations Board (AFDB)
did not receive it prior to his retirement. Had the AFDB
received the request for the LOM prior to his retirement they
would have approved the decoration.
The complete MRBP 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 25 October 2011 for review and comment within
15 days (Exhibit D). 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.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the applicants submission and the available
evidence of record, we are persuaded that relief is warranted.
In this regard, we note the applicant has provided signed
recommendations from his commanding officers requesting he be
awarded the LOM. Further, comments by SAFPC indicate the
applicant met the criteria for award of the LOM and they would
have approved the recommendation had it been submitted prior to
his retirement. Accordingly, we recommend that his records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMEMDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that he was
awarded the Legion of Merit, for the period of 3 July 2007 to
1 October 2010.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2011-00330 in Executive Session on 15 November 2011, 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 24 January 2011, w/atchs.
Exhibit B. Applicant's Available Military Records.
Exhibit C. SAF/MRBP, Letter, dated 20 October 2011.
Exhibit D. SAF/MRBC, Letter, dated 25 October 2011.
Panel Chair
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