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AF | BCMR | CY2011 | BC-2011-01971
Original file (BC-2011-01971.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01971 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Legion of Merit (LOM) and his DD Form 214, Certificate of Release or Discharge from Active Duty, be updated. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was recommended for the LOM after his retirement date and 
wishes to be considered for the award. 

 

In support of his request, the applicant provides a copy of the 
Recommendation for Award of the LOM and printouts from the 
Military Personnel Data System (MilPDS). 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from the Regular Air Force on 1 May 11 in 
the grade of colonel (0-6). The applicant provided a copy of a 
signed LOM Recommendation, Narrative, Citation, and Décor 6 Form. 

 

Criteria for LOM: Any person serving in the Armed Forces of the 
United States without regard to degree may be awarded the Legion 
of Merit for extraordinarily meritorious conduct while in the 
discharging of their duty with outstanding services and 
achievements. The act justifying the award must have been 
committed in an obviously outstanding way so as to have been 
recognized by significant persons. Execution of responsibilities 
typical to the grade, branch, specialty or assignment, and 
experience of a person is not sufficient criteria for the Legion 
of Merit. For duty not associated to actual war there must be 
confirmation of noteworthy accomplishment by "key individuals" in 
a narrower range of station. While in times of peace, the 
justifying act should have a quality of an unusual requirement or 
of a remarkably complicated act carried out in an unexpected and 
obviously extraordinary way. However, the award may be validated 
by the accrual of outstanding meritorious services of important 
positions. 


 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force which is at Exhibit B and D. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR acknowledges that the applicant has provided all 
required documentation in accordance with directives for 
consideration for award of the LOM. DPSIDR does not provide a 
recommendation and forwards the LOM to the Board for approval or 
disapproval. 

 

The complete DPSIDR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 26 Aug 11 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

SAF/MRBP recommends approval. Although the LOM recommendation 
was completed prior to the applicant’s 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 SAF/MRBP evaluation, with attachment, is at Exhibit 
D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 27 Jan 12 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

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 to warrant 
awarding the applicant the LOM. SAF/MRBP notes that the 
recommendation to award the applicant the LOM was submitted prior 
to his retirement, but was not received by the Air Force 
Decorations Board until after his retirement. However, SAF/MRBP 
advises that had the recommendation been received before the 
applicant’s retirement, it would have been approved. Therefore, 
based on their determination, we recommend the applicant’s 
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 he was awarded 
the Legion of Merit for his exceptionally meritorious conduct in 
the performance of outstanding services to the United States from 
22 July 2008 to 30 April 2011. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01971 in Executive Session on 6 March 2012, 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 23 May 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIDR, dated 19 Aug 11. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11. 

 Exhibit D. Letter, SAF/MRBP, dated 19 Dec 11. 

 Exhibit E. Letter, AFBCMR, dated 27 Jan 12. 

 

 

 

 

 

 Panel Chair 

 

 

 

 



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