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 applicants 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
applicants retirement, it would have been approved. Therefore,
based on their determination, we recommend the applicants
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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