RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01971 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Legion of Merit (LOM) and his DD Form 214, Certificate of Release or Discharge from Active Duty, be updated. _________________________________________________________________ APPLICANT CONTENDS THAT: He was recommended for the LOM after his retirement date and wishes to be considered for the award. In support of his request, the applicant provides a copy of the Recommendation for Award of the LOM and printouts from the Military Personnel Data System (MilPDS). His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 1 May 11 in the grade of colonel (0-6). The applicant provided a copy of a signed LOM Recommendation, Narrative, Citation, and Décor 6 Form. Criteria for LOM: Any person serving in the Armed Forces of the United States without regard to degree may be awarded the Legion of Merit for extraordinarily meritorious conduct while in the discharging of their duty with outstanding services and achievements. The act justifying the award must have been committed in an obviously outstanding way so as to have been recognized by significant persons. Execution of responsibilities typical to the grade, branch, specialty or assignment, and experience of a person is not sufficient criteria for the Legion of Merit. For duty not associated to actual war there must be confirmation of noteworthy accomplishment by "key individuals" in a narrower range of station. While in times of peace, the justifying act should have a quality of an unusual requirement or of a remarkably complicated act carried out in an unexpected and obviously extraordinary way. However, the award may be validated by the accrual of outstanding meritorious services of important positions. 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 approval or disapproval. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Aug 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP recommends approval. Although the LOM recommendation was completed prior to the applicant’s retirement, the Air Force Awards and Decorations Board (AFDB) did not receive it prior to his retirement. Had the AFDB received the request for the LOM prior to his retirement, they would have approved the decoration. The complete SAF/MRBP evaluation, with attachment, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 Jan 12 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant awarding the applicant the LOM. SAF/MRBP notes that the recommendation to award the applicant the LOM was submitted prior to his retirement, but was not received by the Air Force Decorations Board until after his retirement. However, SAF/MRBP advises that had the recommendation been received before the applicant’s retirement, it would have been approved. Therefore, based on their determination, we recommend the applicant’s 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 he was awarded the Legion of Merit for his exceptionally meritorious conduct in the performance of outstanding services to the United States from 22 July 2008 to 30 April 2011. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01971 in Executive Session on 6 March 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 May 11, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 19 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11. Exhibit D. Letter, SAF/MRBP, dated 19 Dec 11. Exhibit E. Letter, AFBCMR, dated 27 Jan 12.