RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04563 COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Legion of Merit (LOM). _______________________________________________________________ APPLICANT CONTENDS THAT: Due to an administrative error, his recommendation for the 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 a Military Professor, National Security Decision Making Department (NSDM), United States Naval War College, from 15 Jul 06 until his 1 Sep 10 retirement. The LOM is awarded to officers and enlisted members of the Armed Forces of the United States and or nationals of other countries "who shall have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services." The LOM may be awarded for combat or noncombat services. 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, section 5H, 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 requires 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. 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: AFPC/DPSIDRA recommends denial noting that in accordance with AFI 36-2803, The Air Force Awards and Decorations Program, a recommendation is to be entered into official channels within two years and awarded within three years of the act, achievement, or service performed. A recommendation is placed in official channels when the recommending official signs the recommendation (DECOR 6 or justification) and a higher official in the chain of command endorses it. Although the applicant provided a copy of the DECOR 6 with a print date of 3 May 10, the DECOR 6 was not signed by both the supervisor and higher official in his chain of command. There is no evidence a signed decoration package was placed into official channels in 2010 with a signed DECOR 6. The complete AFPC/DPSIDRA evaluation is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar 12, for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. _______________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP notes the AFDB is the approval authority for this decoration; the AFDB has no record of receiving or processing a LOM request for the applicant. Had the AFDB received the request for the LOM prior to his retirement without the appropriate level of endorsement or signatures, the AFDB would have returned it to the originator for the appropriate recommendations and signatures. Notwithstanding the above, had the recommendation arrived timely and properly coordinated, the AFDB would have approved the recommendation because the applicant’s accomplishments met the LOM criteria. The complete SAF/MRBP evaluation is at Exhibit D. _______________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Jun 12, for review and comment within 30 days (Exhibit E). 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 properly coordinated and 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 Military Professor, National Security Decision Making Department (NSDM), during the period 15 July 2006 through 31 August 2010. _______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04563 in Executive Session on 19 Jul 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 18 Nov 11, w/atchs. Exhibit B. Letter, AFPC/DPSIDRA, dated 1 Feb 12. Exhibit C. Letter, SAF/MRBR, dated 1 Mar 12. Exhibit D. Letter, SAF/MRBP, dated 4 Jun 12. Exhibit E. Letter, AFBCMR, dated 12 Jun 12.