RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02495 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show that: 1. He was awarded the Legion of Merit (LOM) upon retirement. 2. His Defense Meritorious Service Medal (DMSM) be declared void and removed from his record. ________________________________________________________________ APPLICANT CONTENDS THAT: His chain of command erroneously awarded him the DMSM upon his retirement due to poor communication between commands. He was the Chaplain Assistant to the Command Chaplain at United States Northern Command (NORTHCOM) and a long-time Missouri Air National Guard (ANG) member. Both the NORTHCOM staff and the Missouri ANG staff assumed the other was submitting him for award of the LOM. When the error was discovered at his retirement ceremony, he was retired. The former NORTHCOM Deputy Commander, currently serving as the Chief, National Guard Bureau and as a member of the Joint Chiefs of Staff, recommends award of the LOM in lieu of the DMSM he received. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served as the Air National Guard Assistant to the NORTHCOM Command Chaplain during the period of time in question. On 30 Apr 12, the applicant retired and was awarded the DMSM covering the period from 1 Jan 10 through 29 Apr 12. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR does not make a recommendation in this case. In accordance with Air Staff policy message, dated 12 May 09, the LOM is restricted to officers in the grade of Colonel or above serving in designated key positions. Although the applicant did not serve in a qualifying position for award of the LOM, the award policy states “If appropriate upon retirement, after a long and distinguished career, the award authority may apply liberal interpretation of the award criteria without an exception to policy for officers serving in the grade of Colonel and above, provided the officer’s most recent performance warrants such consideration.” All levels within the original chain of command that initially awarded the DMSM, support the award of the LOM vice the DMSM and the applicant has provided a signed recommendation and a proposed citation, as well as chain of command endorsements supporting the award of the LOM. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Jul 12 for review and comment within 30 days (Exhibit D). As of this date, a response has not been received by this office. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP recommends approval. While the applicant was not serving in a qualifying position at the time of his retirement, liberal interpretation of the award criteria is appropriate for officers serving in the grade of colonel and above, provided the officer’s most recent performance warrants such consideration. After a thorough review of the case, including a rewritten LOM citation which meets the criteria of AFI 36-2803, the applicant’s service is more appropriately recognized with award of the LOM, instead of the DMSM. A complete copy of the SAF/MRBP evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the SAF/MRBP evaluation was e-mailed to the applicant on 11 Mar 13 (Exhibit F). The applicant responded via telephone and elected not to submit a rebuttal. ________________________________________________________________ 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, and agree with the opinion and recommendation of SAF/MRBP and adopt its rationale as the basis for our conclusion that the applicant has been the victim of an injustice. After a thorough review of the evidence of record and the applicant’s submission, we believe a preponderance of the evidence supports corrective action. Therefore, we recommend his records be corrected as indicate below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that upon his retirement on 1 May 2012, he was awarded the Legion of Merit (LOM), instead of the Defense Meritorious Service Medal (DMSM), for meritorious service for the period 1 November 2009 through 30 April 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02495 in Executive Session on 21 Mar 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 19 Jun 12. Exhibit D. Letter, SAF/MRBP, Dated 8 Mar 13. Exhibit E. Letter, SAF/MRBR, dated 16 Jul 12.