RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00813
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Meritorious Service Medal (MSM), third oak leaf cluster (3OLC), awarded for the period 17 December 1999 to 30 September 2002, be upgraded to a Legion of Merit (LOM). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

This award failed to take into account two key and critical factors that would have clearly made this decoration worthy of a Legion of Merit (LOM).  

First, during the timeframe of the award, he served as the Battle Commander and Director of Operations, Northeast Air Defense Sector, 1st Air Force, North American Air Defense Command (NORAD), Rome, New York.  He commanded the sector’s battle cab and air control functions for Operation NOBLE EAGLE - America’s homeland defense in the war on terror.  This fact was not mentioned in the MSM.  He was responsible for real-time 24/7 control of ground and lethal airborne military assets (radars, tankers, fighters, electronic platforms, etc) to meet the national security requirements for homeland defense post September 11, 2001 for external and internal airspace in the highly congested northeastern sector of the US - Maine to Virginia to Missouri to Canadian Border and associated over water areas - over 1,000,000 square miles.  At times, he became responsible for up to two-thirds of the sovereign United States (US) airspace.  These were not training missions.  Lethal assets carried actual weapons, and could and would destroy hostile targets.  He effected extensive coordination with multiple DoD, Joint, and other governmental agencies (FAA, Coast Guard, White House, Secret Service, Canadian, NORAD, and the National Command Agencies) to meet critical mission requirements that at most times included the direct protection of the President of the United States, foreign dignitaries, many key national command authority figures, and numerous valuable national security assets.  He fully met all operational tasking providing protection to US sovereign airspace from terrorists while simultaneously increasing the operational effectiveness of the mission through the innovation of a fusion of intelligence data and real-time flight management tools that significantly increased the quality of the decision making in a very time-critical operation.  

Clearly, the above meets the criteria listed in Air Force Instruction 36-2803 for the consideration and award of the Legion of Merit. 

Second, Air Force Instruction 36-2803 states “Evaluate all related facts regarding the service of any person before recommending or awarding a decoration.” For retirement decorations, “Review records and consider the individual’s entire career to determine the appropriate level of decoration for retirement.”  It appears that this decoration did not have that information available for consideration since it was produced (20 Feb 04) well past the retirement date (30 Sep 02) and his personnel records have been long since archived and a performance report for 2002 was not accomplished.  The only documents requested from him were his last two performance reports (timeframe of 2000 and 2001).  Additionally, personnel guidance documents for the award of the LOM state, “Upon retirement after a long and distinguished career, liberal interpretation of award criteria can be exercised for officers serving in the grade of colonel and above.” 
 
In support of his request, applicant provided a personal statement and documents associated with his request for upgrade of his MSM. 

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned in the Regular Air Force on          23 September 1973.  He was progressively promoted to the grade of colonel, with a date of rank of 1 January 1996.  He served with the 20th Fighter Wing at Shaw Air Force Base, SC during the 
period 17 December 1999 through 30 September 2002.  He was awarded the MSM 3OLC as a retirement decoration on 20 Feb 04.  Applicant was retired on 30 September 2002 after serving 29 years, and 8 months of total active military service.

____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial and states that the applicant should first exhaust administrative channels.  He was also informed that official documents were required, which show a recommendation had been submitted into official channels (signed by the recommending official and endorsed by the next higher official in his chain of command).  The applicant responded, but he did not provide documentation to substantiate his claim.  The applicant believes the person that should review this application is the Wing Commander at the 20th Fighter Wing at Shaw AFB, SC.  The Wing Commander was the one who awarded the MSM 3OLC at issue, and the applicant believes that if the Wing Commander had been made aware of this information, the outcome would have been to award him the Legion of Merit.  If the applicant desires, he may contact his recommending official to exercise the procedures for requesting reconsideration of the Legion of Merit.

AFPC/DPPPR complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He has provided to the best of his ability the necessary information to justify the review and award of a Legion of Merit in two separate inputs to SAF/MRBR.  The whole last year of his service is undocumented by the commanders at Shaw AFB, SC and North East Air Defense Sector (NY ANG),, NY (Noble Eagle service).  Therefore, official documentation is not available.  As stated in his BCMR application, Air Force Instruction 36-2803 states “Evaluate all related facts regarding the service of any person before recommending or awarding a decoration.”  It is his contention that this decoration did not have all the requisite information and facts available for consideration.

Applicant’s complete submission is at 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 warranting award of the Legion of Merit.  In this regard, the applicant’s contentions with respect to his achievements are duly noted; however, he has not provided evidence to substantiate his contentions, or that he had been recommended for the award through official channels. The majority of the Board also noted he had previously been advised he should exhaust all administrative channels to seek relief by requesting reconsideration of the award through his chain of command which he apparently has not done.  In view of the above, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2004-00813 in Executive Session on 30 June 2004, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny the application. Mr. XXXXX recused himself from voting.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 04, w/acths.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 25 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.
    Exhibit E.  Letter, Applicant, undated.