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 applicants 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 officers 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
officers 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
applicants 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 applicants 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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