RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05264
XXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Legion of Merit (LOM).
APPLICANT CONTENDS THAT:
His DD Form 214, Report of Separation from Active Duty, does not
reflect award of the LOM.
In support of his request, the applicant provides copies of his
DD Form 214 and LOM certificate for the period 1 July 1972 to
31 December 1974 with a Given Under My Hand date of
14 February 1975.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 1 March 1975, the applicant retired from the Regular Air
Force in the grade of colonel after serving 24 years, 1 month
and 28 days of active duty.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The LOM may be awarded by the
Secretary concerned to members of the United States Armed
Forces, who, after 8 September 1939, 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. For service rendered in peacetime, the term "key
individual" applies to a narrower range of positions than would
be the case in time of war and requires evidence of significant
achievement. In peacetime, service should be in the nature of a
special requirement or of an extremely difficult duty performed
in an unprecedented and clearly exceptional manner. However,
justification of the award may accrue by virtue of exceptionally
meritorious service in a succession of important positions. The
applicant has provided what appears to be an authentic signed
certificate for the LOM with a Given Under My Hand date of 14
February 1975. A Special Order was not provided with this
request and could not be located within the applicant's official
military personnel record. The special order officially
authorizes award of a decoration and without it DPSID is unable
to verify award of the LOM. To grant relief would be contrary
to the criteria established by DoD Manual 1348.33, Manual of
Military Decorations and Awards.
The complete DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial. The special order that accompanied
the LOM at the time of presentation is required to update the
applicants records.
The complete MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
His LOM Merit was awarded on 14 February 1975, which should
assist the case review officer is locating the Special order.
The applicants complete response is at Exhibit F.
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
corrective action. We note the recommendations from the Air
Force offices or primary responsibility to deny the relief based
on the fact they were unable to locate the special orders,
awarding him the LOM. However, the applicant has provided a
signed copy of the LOM certificate with a Given Under My Hand
within weeks of his retirement and we find this evidence
sufficient to conclude that the applicant more likely than not
was awarded the LOM. Therefore we recommend his records be
corrected to reflect the award of the LOM. Accordingly, we
recommend the applicants records be corrected as indicated
below.
?
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that the DD
Form 214, Report of Separation from Active Duty, issued in
conjunction with his 1 March 1975 retirement, be amended in
Block 26, Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized, to reflect the
Legion of Merit.
The following members of the Board considered this application
in Executive Session on 18 September 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence was considered in AFBCMR BC-2013-
04173:
Exhibit A. DD Form 149, dated 7 November 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 28 February 2014.
Exhibit D. Letter, SAF/MRBP, dated 24 March 2014.
Exhibit E. Letter, SAF/MRBR, dated 28 March 2014.
Exhibit F. Letter, Applicant, dated 8 April 2014.
AF | BCMR | CY2013 | BC 2013 05824
The May 09 award policy and award criteria message that was released Air Force wide provides the applicable regulation concerning award of the LOM. DPSID believes the applicant should be given consideration for a retirement decoration; however, in order for his request to be reasonably considered he will need to resubmit his request with an ETP memorandum signed by someone from his chain of command with first-hand knowledge of the act/achievement due to the applicant not meeting the...
AF | BCMR | CY2013 | BC 2013 04881
The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. The verbiage of the citation is consistent with the applicant's claim of receiving the award upon his retirement; however, no Special Order was provided with this request or could be located within the applicant's official military personnel record. After reviewing the evidence of record and the evidence provided in support of this appeal, i.e., copies of the...
AF | BCMR | CY2012 | BC-2012-02795
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...
AF | BCMR | CY2014 | BC 2014 00934
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. Should the applicant locate the Special Order for the LOM, he can apply for reconsideration to the Board for Correction of Military Records. Exhibit B.
AF | BCMR | CY2013 | BC-2013-00615
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00615 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Legion of Merit (LOM). Had this award nomination been processed in a timely manner and sent to the Air Force Decorations Board - it would have been approved. Exhibit C. Letter, SAF/MRBC, dated 9 October 2013.
AF | BCMR | CY2011 | BC-2011-01971
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force which is at Exhibit B and D. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR acknowledges that the applicant has provided all required documentation in accordance with directives for consideration for award of the LOM. DPSIDR does not provide a recommendation and forwards the LOM to the Board for...
AF | BCMR | CY2013 | BC 2013 02988
The remaining relevant facts pertaining to this case are contained in the letter prepared by the Air Force office of primary responsibility which is listed at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends the application be time barred. Promotion Boards selected individuals and the quotas received determined the number that could be promoted. With regard to his request for award of the LOM, there was no evidence...
AF | BCMR | CY2014 | BC 2014 02456
The applicants complete submission, with attachments, is at Exhibit A. The DMSM will not be awarded for any period of service for which a Military Department medal is awarded. The applicant was recommended for a DMSM, not a BSM.
AF | BCMR | CY2014 | BC 2014 02845
APPLICANT CONTENDS THAT: In 1974, the original award approval correspondence was forwarded to Headquarters United States Air Force Europe (USAFE) for award of the LOM for superior service from 1967 to 1974. However, the position does not meet the criteria of serving in a qualifying position in accordance with AFI 36-2803, The Air Force Military Awards and Decorations Program. The complete MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He provided a copy of AF...
AF | BCMR | CY2014 | BC 2014 03096
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03096 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be updated with the following: Removal of Mid-East Crypto Linguist Craftsman Arabic (advanced) course (3ME), dated Jan 1993; (Administratively corrected) Award of Joint Meritorious Unit Award (JMUA) with two Bronze Oak Leaf Clusters (w/2BOLC);...