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AF | BCMR | CY2012 | BC-2012-02495
Original file (BC-2012-02495.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02495	
	
		COUNSEL:  NONE

			HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His official records be corrected to show that:

1.  He was awarded the Legion of Merit (LOM) upon retirement.  

2.  His Defense Meritorious Service Medal (DMSM) be declared 
void and removed from his record. 

________________________________________________________________

APPLICANT CONTENDS THAT:

His chain of command erroneously awarded him the DMSM upon his 
retirement due to poor communication between commands.  He was 
the Chaplain Assistant to the Command Chaplain at United States 
Northern Command (NORTHCOM) and a long-time Missouri Air 
National Guard (ANG) member.  Both the NORTHCOM staff and the 
Missouri ANG staff assumed the other was submitting him for 
award of the LOM.  When the error was discovered at his 
retirement ceremony, he was retired.  The former NORTHCOM Deputy 
Commander, currently serving as the Chief, National Guard Bureau 
and as a member of the Joint Chiefs of Staff, recommends award 
of the LOM in lieu of the DMSM he received.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant served as the Air National Guard Assistant to the 
NORTHCOM Command Chaplain during the period of time in question. 

On 30 Apr 12, the applicant retired and was awarded the DMSM 
covering the period from 1 Jan 10 through 29 Apr 12.  

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary responsibility which are included at Exhibits C and D.   

________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPSIDR does not make a recommendation in this case.  In 
accordance with Air Staff policy message, dated 12 May 09, the 
LOM is restricted to officers in the grade of Colonel or above 
serving in designated key positions.  Although the applicant did 
not serve in a qualifying position for award of the LOM, the 
award policy states “If appropriate upon retirement, after a 
long and distinguished career, the award authority may apply 
liberal interpretation of the award criteria without an 
exception to policy for officers serving in the grade of Colonel 
and above, provided the officer’s most recent performance 
warrants such consideration.”  All levels within the original 
chain of command that initially awarded the DMSM, support the 
award of the LOM vice the DMSM and the applicant has provided a 
signed recommendation and a proposed citation, as well as chain 
of command endorsements supporting the award of the LOM. 

A complete copy of the AFPC/DPSIDR 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 16 Jul 12 for review and comment within 30 days 
(Exhibit D).  As of this date, a response has not been received 
by this office.

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends approval.  While the applicant was not 
serving in a qualifying position at the time of his retirement, 
liberal interpretation of the award criteria is appropriate for 
officers serving in the grade of colonel and above, provided the 
officer’s most recent performance warrants such consideration.  
After a thorough review of the case, including a rewritten LOM 
citation which meets the criteria of AFI 36-2803, the 
applicant’s service is more appropriately recognized with award 
of the LOM, instead of the DMSM.  

A complete copy of the SAF/MRBP evaluation is at Exhibit E.


________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the SAF/MRBP evaluation was e-mailed to the applicant 
on 11 Mar 13 (Exhibit F).  The applicant responded via telephone 
and elected not to submit a rebuttal.
________________________________________________________________


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 an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case, and agree with the opinion and 
recommendation of SAF/MRBP and adopt its rationale as the basis 
for our conclusion that the applicant has been the victim of an 
injustice.  After a thorough review of the evidence of record 
and the applicant’s submission, we believe a preponderance of 
the evidence supports corrective action.  Therefore, we 
recommend his records be corrected as indicate 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 upon 
his retirement on 1 May 2012, he was awarded the Legion of Merit 
(LOM), instead of the Defense Meritorious Service Medal (DMSM), 
for meritorious service for the period 1 November 2009 through 
30 April 2012. 

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-02495 in Executive Session on 21 Mar 13, 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 5 Jun 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSIDR, dated 19 Jun 12.
	Exhibit D.  Letter, SAF/MRBP, Dated 8 Mar 13. 
	Exhibit E.  Letter, SAF/MRBR, dated 16 Jul 12.



			
		Panel Chair



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