RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04563
COUNSEL: NONE
HEARING DESIRED: NO
_______________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Legion of
Merit (LOM).
_______________________________________________________________
APPLICANT CONTENDS THAT:
Due to an administrative error, his recommendation for the 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 a
Military Professor, National Security Decision Making Department
(NSDM), United States Naval War College, from 15 Jul 06 until his
1 Sep 10 retirement.
The LOM is awarded to officers and enlisted members of the Armed
Forces of the United States and or nationals of other countries
"who shall have distinguished themselves by exceptionally
meritorious conduct in the performance of outstanding services."
The LOM may be awarded for combat or noncombat services.
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, section 5H, liberal interpretation of award
criteria is appropriate for officers serving in the grade of
colonel and above, provided the officer's most recent performance
warrants such consideration. Criteria for award of the LOM
requires 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.
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:
AFPC/DPSIDRA recommends denial noting that in accordance with AFI
36-2803, The Air Force Awards and Decorations Program, a
recommendation is to be entered into official channels within two
years and awarded within three years of the act, achievement, or
service performed. A recommendation is placed in official
channels when the recommending official signs the recommendation
(DECOR 6 or justification) and a higher official in the chain of
command endorses it. Although the applicant provided a copy of
the DECOR 6 with a print date of 3 May 10, the DECOR 6 was not
signed by both the supervisor and higher official in his chain of
command. There is no evidence a signed decoration package was
placed into official channels in 2010 with a signed DECOR 6.
The complete AFPC/DPSIDRA 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 1 Mar 12, for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
_______________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
SAF/MRBP notes the AFDB is the approval authority for this
decoration; the AFDB has no record of receiving or processing a
LOM request for the applicant. Had the AFDB received the
request for the LOM prior to his retirement without the
appropriate level of endorsement or signatures, the AFDB would
have returned it to the originator for the appropriate
recommendations and signatures. Notwithstanding the above, had
the recommendation arrived timely and properly coordinated, the
AFDB would have approved the recommendation because the
applicants accomplishments met the LOM criteria.
The complete SAF/MRBP evaluation 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 12 Jun 12, for review and comment within 30 days
(Exhibit E). 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 properly coordinated and 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 Military Professor, National Security
Decision Making Department (NSDM), during the period 15 July 2006
through 31 August 2010.
_______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04563 in Executive Session on 19 Jul 12, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Nov 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIDRA, dated 1 Feb 12.
Exhibit C. Letter, SAF/MRBR, dated 1 Mar 12.
Exhibit D. Letter, SAF/MRBP, dated 4 Jun 12.
Exhibit E. Letter, AFBCMR, dated 12 Jun 12.
Chair
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