RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02795 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Legion of Merit (LOM), instead of the Defense Meritorious Service Medal (DMSM), for the period of 14 Apr 08 to 31 Dec 10. ________________________________________________________________ APPLICANT CONTENDS THAT: He was originally recommended for the Defense Superior Service Medal (DSSM) by the Deputy Director of the Defense Threat Reduction Agency (DTRA) but the recommendation was downgraded to a DMSM after he retired. His chain of command believes the DMSM was below his level of accomplishment and would like to award him the LOM. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documentation provided by the applicant, on 23 Nov 10, he was recommended for award of the DSSM for the period of 14 Apr 08 to 31 Dec 10. On 19 Jan 11, the DSSM was downgraded by the Office of Secretary Defense (OSD) and the DMSM was awarded in lieu of the DSSM. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, indicating the applicant was considered and denied for award of the DSSM and he was awarded the appropriate level award for his service and retirement from a joint assignment in accordance with DoDM 1348.33. Contact was made to the Defense Threat Reduction Agency (DTRA) to confirm the applicant was awarded a retirement decoration. On 12 Apr 13, DTRA confirmed the DMSM was awarded and the copies of the elements and decoration order were provided. The applicant provided a letter of support, narrative, and a proposed citation for award of the LOM signed by the Deputy Director of DTRA. He also provided a signed Décor 6 recommending the LOM. The LOM may be awarded to members of the United States Armed Forces who after 8 Sep 39, have distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services. The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, assignment, or experience of an individual is not an adequate basis for this award. A complete copy of the AFPC/DPSID 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 14 May 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP recommends approval indicating the DTRA leadership should have been afforded the opportunity to submit the applicant for award of the LOM once the OSD board recommended downgrade of the DSSM to the DMSM. Additionally, the applicant meets the criteria for award of the LOM based on retirement, despite the fact that it is an Exception to Policy for a Non- Qualifying position. A complete copy of the SAF/MRBP evaluation is at Exhibit F. ________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Additional Air Force evaluation was forwarded to the applicant on 8 Oct 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ 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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DPSID and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While we note the comments of SAF/MRBP indicating the applicant’s leadership could have been afforded the opportunity to submit the applicant for award of the LOM once the DSSM was downgraded; however, his leadership chose not to submit him for the LOM and was well within their authority not to do so. Although the applicant meets the criteria for award of the LOM, we believe the applicant was originally awarded the appropriate level award for his service and retirement from his joint assignment, as determined by the award approval authority. Therefore, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2012-02795 in Executive Session on 12 Nov 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02795 was considered: Exhibit A. DD Form 149, dated 27 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 13 May 13. Exhibit D. Letter, SAF/MRBR, dated 14 May 13. Exhibit E. Letter, SAF/MRBC, dated 8 Oct 13. Exhibit F. Letter, SAF/MRBP, dated 7 Oct 13.