RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS: 02-00678
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He receive the Legion of Merit (LOM) for his retirement decoration, rather than the Meritorious Service Medal, 4th Oak Leaf Cluster (MSM 4OLC).

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired in the grade of chief master sergeant on 1 Jan 02 with 29 years, 7 months and 23 days of active service. His performance reports reflect the highest overall ratings.

At the time of his retirement, the applicant was the command chief master sergeant for the HQ 11th Wing (11WG) at Bolling AFB, DC. On 25 Jul 01, the 11WG recommended him for the LOM for the period 30 Oct 98 to 31 Dec 01. However, according to HQ AFPC/DPPPR (Exhibit C), the Secretary of the Air Force Personnel Council (SAFPC) disapproved both the original and reconsideration requests. On 24 Aug 01, the applicant received the MSM 4OLC for the period 30 Oct 98 to 31 Dec 01. 

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR advised that a 16 Mar 01 HQ USAF/DP message stressed that the LOM would be awarded for exceptionally meritorious conduct in the performance of outstanding service which aided the US in furthering its national policies, interests or security or any national allied or associated with the US during a period of national emergency. Award of the LOM was further restricted to Major Command (MAJCOM) Command Chief Master Sergeants who are retiring or moving to fill the Chief Master Sergeant of the Air Force billet. No documentation was provided to show the applicant met the LOM criteria. SAFPC is the final approval/disapproval authority for the LOM. SAFPC disapproved the LOM when it was first requested and again on reconsideration. Disapproval is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 5 Apr 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 to warrant upgrading the MSM 4OLC to an LOM. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. We therefore agree with their recommendations and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 20 July 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number 02-00678 was considered:

   Exhibit A.  DD Form 149, dated 14 Dec 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 26 Mar 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.