RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-02795

		COUNSEL:  NONE
	
		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Legion of 
Merit (LOM), instead of the Defense Meritorious Service Medal 
(DMSM), for the period of 14 Apr 08 to 31 Dec 10.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was originally recommended for the Defense Superior Service 
Medal (DSSM) by the Deputy Director of the Defense Threat 
Reduction Agency (DTRA) but the recommendation was downgraded to 
a DMSM after he retired.  His chain of command believes the DMSM 
was below his level of accomplishment and would like to award 
him the LOM.

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

________________________________________________________________

STATEMENT OF FACTS:

According to documentation provided by the applicant, on 23 Nov 
10, he was recommended for award of the DSSM for the period of 
14 Apr 08 to 31 Dec 10.

On 19 Jan 11, the DSSM was downgraded by the Office of Secretary 
Defense (OSD) and the DMSM was awarded in lieu of the DSSM.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility (OPR) which is attached at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating the applicant was 
considered and denied for award of the DSSM and he was awarded 
the appropriate level award for his service and retirement from 
a joint assignment in accordance with DoDM 1348.33. 

Contact was made to the Defense Threat Reduction Agency (DTRA) 
to confirm the applicant was awarded a retirement decoration.  
On 12 Apr 13, DTRA confirmed the DMSM was awarded and the copies 
of the elements and decoration order were provided.

The applicant provided a letter of support, narrative, and a 
proposed citation for award of the LOM signed by the Deputy 
Director of DTRA.  He also provided a signed Décor 6 
recommending the LOM. 

The LOM may be awarded to members of the United States Armed 
Forces who after 8 Sep 39, have distinguished themselves by 
exceptionally meritorious conduct in the performance of 
outstanding services.  The performance must have been such as to 
merit recognition of key individuals for service rendered in a 
clearly exceptional manner.  Performance of duties normal to the 
grade, branch, specialty, assignment, or experience of an 
individual is not an adequate basis for this award.

A complete copy of the AFPC/DPSID 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 14 May 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends approval indicating the DTRA leadership 
should have been afforded the opportunity to submit the 
applicant for award of the LOM once the OSD board recommended 
downgrade of the DSSM to the DMSM.  Additionally, the applicant 
meets the criteria for award of the LOM based on retirement, 
despite the fact that it is an Exception to Policy for a Non-
Qualifying position.

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

________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Additional Air Force evaluation was forwarded to 
the applicant on 8 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit E).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

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 and agree with the opinion and recommendation of 
AFPC/DPSID and adopt their rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice.  While we note the comments of SAF/MRBP indicating 
the applicant’s leadership could have been afforded the 
opportunity to submit the applicant for award of the LOM once 
the DSSM was downgraded; however, his leadership chose not to 
submit him for the LOM and was well within their authority not 
to do so. Although the applicant meets the criteria for award of 
the LOM, we believe the applicant was originally awarded the 
appropriate level award for his service and retirement from his 
joint assignment, as determined by the award approval authority.  
Therefore, we find no basis to recommend granting the relief 
sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; 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-2012-02795 in Executive Session on 12 Nov 13, under 
the provisions of AFI 36-2603:

	                 , Panel Chair
	                 , Member
	                 , Member



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-02795 was considered:

     Exhibit A.  DD Form 149, dated 27 Jun 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSID, dated 13 May 13.
     Exhibit D.  Letter, SAF/MRBR, dated 14 May 13.
     Exhibit E.  Letter, SAF/MRBC, dated 8 Oct 13.
     Exhibit F.  Letter, SAF/MRBP, dated 7 Oct 13.




                                   
                                   Panel Chair