RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00060 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The Legion of Merit (LOM) and Air Force Commendation Medal (AFCM) be added to his military records. APPLICANT CONTENDS THAT: The National Archives and Records Administration (NA) Form 13059, Transmittal of and/or Entitlement to Awards, indicates his award of the LOM and AFCM. They have no copy of the corresponding citation and order, so he would like the corresponding documentation added to his official records. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 27 Sep 51, the applicant entered the Regular Air Force. On 19 Jun 67, by Special Order (SO) G-96, he was awarded the AFCM for Meritorious Service during the period 2 Jan 63 to 15 Dec 66. According to an undated citation to accompany the award of the AFCM, the applicant distinguished himself by meritorious service while serving as Non-commissioned Officer in Charge from 2 Jan 63 to 15 Dec 66. According to his DD Form 214, issued in conjunction with his 31 Oct 71 retirement, he was awarded the AFCM for the inclusive period 2 Jan 63 to 15 Dec 66. On 31 Oct 71, the applicant was relieved from active duty and retired, effective 1 Nov 71. He was transferred to the retired reserve and credited with 20 years, 1 month and 12 days of active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPR) which are in included at Exhibit C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends disapproval for award of the LOM, indicating there is no evidence of an error or an injustice. The applicant is basing his request solely on the NA Form 13059 and it appears to have been prepared in error. DPSID was unable to reconstruct the method for the NPRC verifying the LOM and believe they mistakenly identified the LOM awarded to another service member as being awarded to the applicant. Without an entry on the applicant’s DD Form 214 or the Special Order awarding the LOM, the NPRC should not have been able to verify award of the LOM. The applicant is requesting the documentation for verification be retroactively added to his records based on the erroneous entry. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff and/or the War Department. The Legion of Merit may be awarded by the Secretary concerned, to members of the United States Armed Forces, who, after 8 Sept 39, have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services. The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, assignment, or experience of an individual is not an adequate basis for this award. For service rendered in peacetime, the term “key individual” applies to a narrower range of positions than would be the case in time of war and requires evidence of significant achievement. In peacetime, service should be in the nature of a special requirement or of an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of important positions. After a thorough review of the applicant’s official military personnel record, DPSID was able to verify award of the AFCM. The applicant’s DD Form 214, dated 31 Oct 71, is annotated with the AFCM shown by the entry “AFCM (2 JAN 63-15 DEC 66)” in block 24. Special Order G-96, dated 19 Jun 67, awarding the applicant the AFCM and the citation for the award, were located in the applicant’s official military personnel record. Based on review of the applicant’s official military personnel record, DPSID was able to determine that the below Air Force Medals and/or Ribbons should have been awarded during the applicant’s service from 27 Sep 51 to 31 Oct 71 and were not reflected in his records. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR: * Air Force Good Conduct Medal with three Bronze Oak Leaf Clusters (AFGCM w/3BOLC) * USAF Non-Commissioned Officer Professional Military Education Graduate Ribbon (NCOPMEGR) The complete DPSID evaluation is at Exhibit C. SAF/MRBP, having reviewed the applicant’s records, supporting documents and recommendation from AFPC/DPSID, concurs with DPSID’s justification for disapproval for award of the LOM and recommends the applicant be furnished with the AFCM documents from his official military personnel record. The complete MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 3 Aug 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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 an error or injustice warranting correction of the applicant’s records to reflect his entitlement to the LOM. We took notice of the applicant's complete submission, including attachment, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note an Air Force OPR has determined that the AFCM was previously awarded, and that the applicant was eligible for the AFGCM w/3BOLC and NCOPMEGR and will therefore correct his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-00060 was considered: Exhibit A. DD Form 149, dated 5 Jan 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 18 Apr 15. Exhibit D. Memorandum, SAFPC, dated 29 Jul 15. Exhibit E. Letter, SAF/MRBR, dated 3 Aug 15.