RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03243

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

All his records to include his DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect award of the Legion of Merit (LOM).

APPLICANT CONTENDS THAT:

Due to a severe backlog of decorations and a changeover of personnel at the time of his retirement; it took two years before his decoration was finalized by his unit.

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

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, effective 31 Dec 04, he served on active duty from 1 Dec through 31 Dec 04.

By Reserve Order EK-3118, dated 10 Apr 13, the applicant was released from his, then, current assignment and was transferred to the Retired Reserve in the grade of colonel (O-6) to await retired pay at age 60 effective 1 Jun 13.

The applicant provided what appears to be an authentic signed certificate for the LOM for exceptionally meritorious conduct in the performance of outstanding service from 6 Sep 07 to 31 May 13 with a Given Under My Hand date of 19 Jun 15.

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/DPTS recommends denial indicating there is no evidence of an error or an injustice.

After review the applicant’s record and the documentation provided his records were updated to include the LOM.  However, DPTS was unable to add the LOM to his DD Form 214.  The LOM was awarded to the applicant after his final DD Form 214 was issued.  Per AFI 36-3202, Separation Documents, Table 4, Rule 23, for ANG and Reserve members, add any medals authorized after the effective date of the DD Form 214 to any subsequent DD Form 214.  Furthermore, per AFI 36-3202, Table 2, Rule 3, a Reserve component member must complete 90 continuous calendar days or more of active duty to be issued a DD Form 214.  The applicant did not complete 90 continuous calendar days or more of active duty service; therefore, a DD Form 214 was not issued during his Reserve time that would allow subsequent inclusion of the LOM.  Based on the above, DPTS recommends denial to include the LOM on the applicant’s DD Form 214.  

A complete copy of the AFPC/DPTS evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Mar 16, for review and comment within 30 days (Exhibit D).  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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  There is no evidence the applicant served 90 days of continuous active duty during the period for the LOM to qualify for a DD Form 214.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 members of the Board considered AFBCMR Docket Number BC-2015-03243 in Executive Session on 23 Jun 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03243 was considered:

	Exhibit A.  DD Form 149, dated 20 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTS, dated 7 Mar 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Mar 16.