RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00934
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Legion of Merit (LOM).
APPLICANT CONTENDS THAT:
He was previously awarded the LOM as evidenced by the
certificate provided. However, it is missing from his military
personnel records.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
05 Mar 51.
On 30 Jun 73, the applicant was released from active duty and
retired, effective 1 Jul 73, and was credited with 24 years,
2 months, and 11 days of active service.
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. A thorough review of the applicants
military personnel record did not reveal a Special Order or an
approved citation for the LOM. The applicant provided a signed
Legion of Merit certificate with a Given Under My Hand date of
14 May 1973, signed by a Major General Verne L. Bowers, United
States Army; however, there was no special order or approved
citation within the applicants military personnel records. The
Special Order is the official source documentation for
verification of an authorized decoration. The applicant's date
of retirement was 30 Jun 73, appearing that the Legion of Merit
was presented to the applicant as retirement decoration as the
award inclusive period on the provided certificate is July 1970
to Jun 1973. To grant relief would be contrary to the criteria
established by DoDM 1348.33, the Secretary of the Air Force,
Chief of Staff, and/or the War Department.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial indicating there is no evidence of an
error or injustice. Should the applicant locate the Special
Order for the LOM, he can apply for reconsideration to the Board
for Correction of Military Records.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In response, the applicant reiterates that he was assigned to a
joint organization at the time of the award and the
administrative responsibilities may have been handled by the
Army (Exhibit E).
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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility (OPR) and adopt their rationale as the basis for
our conclusion the applicant has not been the victim of an error
or injustice. Therefore, 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 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-2014-00934 in Executive Session on 18 Dec 14, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 02 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 27 May 14.
Exhibit D. Memorandum, SAF/MRBP, dated 07 Aug 14.
Exhibit E. Applicants Rebuttal, dated 02 Sep 14.
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