RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-01771

XXXXXXXXXX					COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The Legion of Merit be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

APPLICANT CONTENDS THAT:

The Legion of Merit was presented to him during his retirement ceremony on 31 March 1973, and he would like this award reflected on his grave stone when he is buried at Arlington National Cemetery.

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 24 October 1948.

According to Special Order Number AC-4050 dated 14 February 1973, the applicant retired from the Regular Air Force effective 1 April 1973, in the grade of colonel (O-6).  He was credited with 27 years, 4 months, and 13 days of active service. 

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial indicating there is no evidence of an error or an injustice.  AFPC/DP3SP is unable to locate a special order, certificate, or any other official documentation reflecting the Legion of Merit was recommended or awarded.  The Legion of Merit may be awarded by the Secretary concerned to members of the United States Armed Forces, who, after 8 September 1939, have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding service.  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 more narrow 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.  To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department.

A complete copy of the AFPC/DP3SP 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 23 May 2016, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-01771 in Executive Session on 12 July 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 23 April 2015.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DP3SP, dated 8 April 2016.
Exhibit D.  Letter, AFBCMR, dated 23 May 2016.