RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00330 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Legion of Merit (LOM) for the period of 3 July 
2007 to 1 October 2010. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His unit recommended him for the LOM upon his retirement. 

 

In support of his request, the applicant provides a copy of his 
Recommendation for Award of the LOM from the Commandant, 
National Defense University (NDU), with attachments. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 October 2010, the applicant retired in the grade of 
colonel. He served 28 years, 6 months and 8 days of total 
active service. 

 

At the time of his retirement, the applicant was the Chair, 
Department of Strategy and Policy for the National War College 
(NWC), NDU. 

 

On 10 August 2010, the President, NDU submitted the 
recommendation for the LOM to the Secretary of the Air Force 
Personnel Council (SAFPC). 

 

The LOM is awarded to service members for exceptionally 
meritorious conduct in the performance of outstanding service to 
the United States (U.S.). Normally, awards to Air Force 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 Department of Defense (DoD); or service which has aided 
the U.S. in furthering its national policies; or service which 
has furthered the interests of the security of the U.S. or any 
nation allied or associated with the U.S. during a period of 
national emergency declared by the President or Congress. 


 

Current Air Force policy for award of the LOM for retirement 
requires service in a qualifying position, in the grade of 
colonel or above, for at least 18 months. Qualifying positions 
include, but are not limited to, wing/vice wing commanders, 
group commanders of all types, Major Command directors, Air 
Staff division chiefs, and Air Force Materiel Command and Air 
Force Space Command designated materiel wing and group leader 
equivalents. A request for an Exception to Policy (ETP) is 
required for officers who have not held a qualifying position 
for at least 18 months. 

 

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AIR FORCE EVALUATION: 

 

SAF/MRBP makes no recommendation. However, MRBP states based on 
the documentation provided by the applicant in the case file, 
although the LOM recommendation was completed prior to his 
retirement, the Air Force Awards and Decorations Board (AFDB) 
did not receive it prior to his retirement. Had the AFDB 
received the request for the LOM prior to his retirement they 
would have approved the decoration. 

 

The complete MRBP 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 25 October 2011 for review and comment within 
15 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 not timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. After a 
thorough review of the applicant’s submission and the available 
evidence of record, we are persuaded that relief is warranted. 
In this regard, we note the applicant has provided signed 
recommendations from his commanding officers requesting he be 
awarded the LOM. Further, comments by SAFPC indicate the 
applicant met the criteria for award of the LOM and they would 
have approved the recommendation had it been submitted prior to 


his retirement. Accordingly, we recommend that his records be 
corrected as indicated below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMEMDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he was 
awarded the Legion of Merit, for the period of 3 July 2007 to 
1 October 2010. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2011-00330 in Executive Session on 15 November 2011, 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 24 January 2011, w/atchs. 

Exhibit B. Applicant's Available Military Records. 

 Exhibit C. SAF/MRBP, Letter, dated 20 October 2011. 

 Exhibit D. SAF/MRBC, Letter, dated 25 October 2011. 

 

 

 

 

 Panel Chair