RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03159
COUNSEL: NONE
HEARING DESIRED: NO
_______________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Legion of Merit
(LOM).
_______________________________________________________________
APPLICANT CONTENDS THAT:
His recommendation for an LOM was not properly processed prior to
his retirement.
In support of the request, the applicant provides copies of
documents related to his request.
The applicants complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant served in the grade of colonel (O-6) in the Regular
Air Force. During the matter under review, he served as the
Director, HIV Working Group of the Infectious Disease Clinical
Research Program, Uniformed Services University of the Health
Sciences, from 1 Jun 06 until his 1 Jun 09 retirement.
In accordance with the Delegation of Approval Authority for award
of the Legion of Merit (LOM) to USAF Members message, date time
group 121758Z May 09, the LOM is awarded to service members for
exceptionally meritorious conduct in the performance of
outstanding service to the United States. Normally awards 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
for the Department of Defense; or service which has aided the US
in furthering its national policies; 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.
The award criterion requires that a member serve in a qualifying
position for at least 18 months. Officer qualifying positions
are; wing/vice wing commanders, group commanders, and Air Staff
division chiefs. Liberal interpretation is appropriate for
officers serving in the grade of colonel and above, provided the
officers most recent performance warrants such consideration.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_______________________________________________________________
AIR FORCE EVALUATION:
SAF/MRBP recommends that relief be granted, indicating that
although the applicant was not in a qualifying position, he did
meet the 18 months time in position and his performance
warrants consideration for the LOM. Furthermore, based on the
documentation provided by the applicant, had the Air Force
Decorations Board received the request for the LOM prior to his
retirement they would have approved the decoration.
The complete SAF/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 2 Mar 12, for review and comment within 30 days.
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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the applicants submission and the evidence of
record, we are persuaded that relief is warranted. In this
regard, we note the applicant has presented evidence that he was
recommended for award of the LOM. However, due to circumstances
beyond his control, it appears as though the recommendation, for
whatever reason, was not submitted into official channels until
after his retirement. Furthermore, we note the comments by SAFPC
indicating the applicant meets the criteria for award of the LOM
and the Air Force Decorations Board would have approved the
recommendation had it been submitted prior to his retirement.
Therefore, in view of the above, we recommend that his records be
corrected as indicated below.
_______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT, be corrected to show that he was
awarded the Legion of Merit for his exceptionally meritorious
service while serving as Director, HIV Working Group of
Infectious Diseases Clinical Research Program, Uniformed Services
University of Health Sciences, during the period 1 June 2006
through 1 June 2009.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03159 in Executive Session on 3 Apr 12, 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 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBP, dated 16 Feb 12.
Exhibit D. Letter, AFBCMR, dated 2 Mar 12.
Panel Chair
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