RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04651
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Legion of Merit (LOM).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was recommended for the LOM by his commander in 1969, which
had been boarded and approved; however, the nomination was lost
before being sent to Pacific Air Force (PACAF) for final
approval. His commander reconstructed the nomination package and
sent it forward, but it was lost again. He made inquiries about
his award in 1979 and 1981 but his inquiries went unanswered.
In support of his appeal, the applicant provides copies of
inquiry documentation concerning his award of the LOM, the
reconstructed LOM nomination package, and an excerpt of the Air
Commando Journal.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served on active duty from 27 June 1963 to 1 August 1975. He
served as an Information Officer and was progressively promoted
to the grade of major (O-4). He was honorably discharged
effective 1 August 1975 after serving 12 years, 1 month, and
3 days on active duty of which 4 years, 1 month, and 3 days was
Foreign Service.
According to documents provided by the applicant, he was
recommended for the LOM while serving in the grade of captain (O-
3), as Director of Information, 56th Air Commando Wing, Nakhom
Airport, Thailand, from 19 July 1967 to 18 March 1968.
_________________________________________________________________
AIR FORCE EVALUATION:
SAF/MRBP recommends denial. MRBP states PACAF Special Order G-
250, dated 9 November 1970, awarded the applicant the Bronze Star
Medal (BSM) for the period 19 July 1967 to 18 March 1968. The
certified true copy of the BSM citation located in the
applicants official personnel record is identical to the LOM
citation except for the required opening and closing statements.
The applicants DD Form 214, Report of Separation from Active
Duty, date stamped 14 August 1975, lists the BSM in Section 26, Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized.
MRBP indicates that based on the information provided by the
applicant and documentation contained in his official personnel
record, given the presumption of regularity in the conduct of
governmental affairs and without evidence to the contrary, they
must assume the processing of the recommendation to award the
applicant the LOM was appropriately processed in accordance with
the governing regulatory guidance in effect at that time. The
applicant was appropriately recognized for his service during the
period in question with the BSM.
The complete MRBR evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 7 June 2012 for review and comment within 30 days (Exhibit D).
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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Although the
applicant has provided documentation supporting he was
recommended for the LOM, we note his award of the BSM covers the
same timeframe as in his LOM recommendation. In addition, other
than the opening and closing statements, the BSM citation is
identical to the proposed LOM citation. Since a member cannot be
awarded two awards for the same events/timeframe, we believe it
was the approval authoritys determination that award of a BSM
was more appropriate than an LOM. In view of the above and in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04651 in Executive Session on 17 July 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2011-04651:
Exhibit A. DD Form 149, dated 18 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBP, dated 21 May 12, w/atch.
Exhibit D. Letter, AFBCMR, dated 7 Jun 12.
Panel Chair
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