RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03159 COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Legion of Merit (LOM). _______________________________________________________________ APPLICANT CONTENDS THAT: His recommendation for an LOM was not properly processed prior to his retirement. In support of the request, the applicant provides copies of documents related to his request. The applicant’s complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: The applicant served in the grade of colonel (O-6) in the Regular Air Force. During the matter under review, he served as the Director, HIV Working Group of the Infectious Disease Clinical Research Program, Uniformed Services University of the Health Sciences, from 1 Jun 06 until his 1 Jun 09 retirement. In accordance with the Delegation of Approval Authority for award of the Legion of Merit (LOM) to USAF Members message, date time group 121758Z May 09, the LOM is awarded to service members for exceptionally meritorious conduct in the performance of outstanding service to the United States. Normally awards 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 for the Department of Defense; or service which has aided the US in furthering its national policies; service which has furthered the interests 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. The award criterion requires that a member serve in a qualifying position for at least 18 months. Officer qualifying positions are; wing/vice wing commanders, group commanders, and Air Staff division chiefs. “Liberal interpretation” is appropriate for officers serving in the grade of colonel and above, provided the officer’s most recent performance warrants such consideration. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _______________________________________________________________ AIR FORCE EVALUATION: SAF/MRBP recommends that relief be granted, indicating that although the applicant was not in a qualifying position, he did meet the 18 months time in position and his performance warrants consideration for the LOM. Furthermore, based on the documentation provided by the applicant, had the Air Force Decorations Board received the request for the LOM prior to his retirement they would have approved the decoration. The complete SAF/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 2 Mar 12, for review and comment within 30 days. 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the applicant’s submission and the evidence of record, we are persuaded that relief is warranted. In this regard, we note the applicant has presented evidence that he was recommended for award of the LOM. However, due to circumstances beyond his control, it appears as though the recommendation, for whatever reason, was not submitted into official channels until after his retirement. Furthermore, we note the comments by SAFPC indicating the applicant meets the criteria for award of the LOM and the Air Force Decorations Board would have approved the recommendation had it been submitted prior to his retirement. Therefore, in view of the above, we recommend that his records be corrected as indicated below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that he was awarded the Legion of Merit for his exceptionally meritorious service while serving as Director, HIV Working Group of Infectious Diseases Clinical Research Program, Uniformed Services University of Health Sciences, during the period 1 June 2006 through 1 June 2009. _______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03159 in Executive Session on 3 Apr 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBP, dated 16 Feb 12. Exhibit D. Letter, AFBCMR, dated 2 Mar 12.