RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00320 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he was awarded the Legion of Merit (LOM). _________________________________________________________________ APPLICANT CONTENDS THAT: On 1 Aug 08, he retired after 30 years of commissioned service with the Air Force and Air Force Reserve. He was decorated with a Joint Service Commendation Medal (JSCM) based on four years of service (Extended Tour decoration 16 Oct 04 to 1 Aug 08). He also received the Army Achievement Medal (AAM) (1 Jan 03 to 1 Jun 08) from the Illinois Army National Guard. Six months before he retired his supervisor submitted him for the LOM. Unfortunately, due to an administrative oversight the decoration package was not forwarded to the Air Force. He was not recognized with a separate retirement decoration based on his career. In support of his request, the applicant provides a letter from the Selected Service System (SSS) National Director, a letter from the SSS Region Director, a draft LOM recommendation and proposed citation, his Officer Performance Report (OPR), a Reserve Officer Data Verification Brief, Awards and Decorations Information, his JSCM and AAM certificates, his JSCM citation, and a signed/approved LOM recommendation. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Aug 08, the applicant retired from the Air Force Reserve in the grade of colonel. At the time of his retirement, he was assigned as the Individual Mobilization Augmentee, Commander, Mobilization Office Coordinator, Selective Service System, Detachment 1-1, Springfield, IL, and had 30 years commissioned service and 16 months time in grade (TIG) as a colonel. In recognition of his retirement, he was recommended for award of the LOM. IAW the delegation authority in place at the time of this event, Delegation of Approval Authority for Award of the Legion of Merit (LOM) to USAF Members message 132236Z Jan 05, section 4H, states that “Upon retirement, after a long and distinguished career, liberal interpretation of award criteria is appropriate for officers serving in the grade of colonel and above, provided the officer’s most recent performance warrants such consideration.” Criteria for award of the LOM require a minimum of 18 months in a qualifying position. Officer qualifying positions are; Wing/Vice Commanders; Group Commanders of all types; and Air Staff Division Chiefs. Paragraph 2 of the same message states “Normally, awards to USAF members are limited to service in an extremely difficult duty that is performed in a clearly exceptional manner, if such service is of marked national or international significance to the Air Force or the DoD, or service which has aided the US in furthering its national policies or service which has furthered the interest of the security of the US or any nation allied or associated with the us during a period of national emergency declared by the President or Congress.” IAW DoD Manual 1348.33, September 1996, Manual of Military Decorations and Awards, paragraph C3.2.9. “The number of decorations that may be awarded to a service member is not limited; however, only one decoration is awarded for the same act, achievement, or period of service.” _________________________________________________________________ AIR FORCE EVALUATION: The Director, SAFPC recommends denial. The Director, states based on the documentation provided by the applicant in the AFBCMR case file, had the LOM recommendation been completed prior to his retirement, the Air Force Decorations Board (AFDB) would have returned the decoration to the recommending official IAW DoD Manual 1348.33. Had the recommending official rescinded the two decorations for the applicant’s current period of service and resubmitted the LOM with a rewritten citation, only capturing his significant accomplishments in his current period of service and meeting the criteria of the January 2005 LOM message, the AFDB would likely have approved the decoration. The applicant is ineligible for award of the LOM due to his previous receipt of the Joint Service Commendation Medal (for meritorious service), signed 7 Jul 08, and the Army Achievement Medal (for meritorious service) for the period 1 Jan 03 – 1 Jun 08. The LOM citation provided with the applicant’s request covers his entire Air Force career, from 31 Jul 78 to 1 Aug 08. The award of the LOM, as with any military decoration, can cover only the member’s most recent assignment or since the period of his last decoration, unless the decoration is for a single act of achievement (or heroism), not otherwise recognized in a later decoration. The complete SAFPC evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The USAF Reserve officers assigned to the SSS as IMAs serve more in a traditional Reservist’s role. They are attached to Joint Service Detachments across the country and drill the first weekend of every month as a unit, without however, the technical or personnel support that traditional Reservists benefit from. During the more than 16 years he was assigned to SSS, he served under seven different National Directors (Senior Executive Service) and six different Region Directors (GS-15). Each one of these individuals brought a unique perspective on how they dealt with and treated the Reservists. Reservists serve under two very different chains of command. First, they have to meet the requirements of the SSS chain of command at Region HQ (RHQ) and National HQ (NHQ) levels before anything is ever forwarded to the Air Force. Then, the Air Force has to approve it. Countless times paperwork had to be revised to resolve conflicts and satisfy the requirements of each organization separately. His decorations were being processed during a time when a new staff member was learning the process. New military awards guidance was sent to the field two months prior to his retirement. He received an SSS Meritorious Service award with Bronze medal, which was based on almost two years of effort and was never incorporated into his records. The Air Force views it as a two year period in which he was not decorated. The NHQ Director approved him for the JSCM on 7 Jul 08, and two days later, initialed his approval for the retirement LOM. Unfortunately this package was then misplaced for almost three years. Although the JSCM may not have been very well written, there was an honest intent by SSS NHQ to acknowledge his contributions and decorate him with two distinct and separate medals. The advisory writer identifies the timeframe conflict. Sometimes, it is hard to differentiate between what actions take place during which timeframe. Such as in the case of US Army private first class Jessica D. Lynch, she received three medals, all of which were based on the same 30 minute time span. There were three separate justifications written by the same organization, for three separate medals, covering the same time period. He is confident the AAM he was awarded by the Adjutant General and the Assistant Adjutant General of the State of Illinois was meant to supplement the retirement medal that the Air Force would award him. This is not the first time that the SSS has had significant issues in presenting a colonel with a LOM as a retirement decoration. An Army colonel, after going through the Army Board for Correction of Military Records, was decorated with the LOM three years and one month after his retirement. In accordance with AFI 36-2803, Air Force Awards and Decorations Program, paragraph 2.3.4. “Retirement. Review records and consider the individual’s entire career to determine the appropriate level of decoration for retirement…” The applicant’s complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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 that would warrant award of the LOM. In this respect, we note the applicant has provided signed recommendations from his senior leaders requesting he be awarded the LOM. We considered the comments and recommendation of the Director, SAFPC; however, we believe based on the applicant’s outstanding performance and contributions noted by his superiors during the period of 31 Jul 78 to 1 Aug 08, that any doubt should be resolved in the applicant’s behalf. Therefore, and in recognition of his over 30 years of honorable service, we recommend the applicant’s records be corrected to the extent 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 on 31 July 2008, he was awarded the Legion of Merit for exceptionally meritorious conduct in the performance of outstanding service. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00320 in Executive Session on 1 Sep 11, 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 26 Jan 11, w/atchs. Exhibit B. Letter, SAF/MRBP, dated 6 Jul 11. Exhibit C. Letter, SAF/MRBC, dated 13 Jul 11. Exhibit D. Letter, Applicant, dated 5 Aug 11, w/atchs. Panel Chair