RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04291 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect he was awarded the Legion of Merit 
(LOM). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was awarded the LOM prior to his retirement, but his DD Form 
214 was not appropriately updated to reflect the award. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired on 1 Nov 89. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which are attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial indicating there is no evidence of 
an error or injustice. There is no evidence to verify the 
applicant was recommended for or awarded the LOM. The LOM is 
awarded to service members of the Armed Forces of the United 
States and friendly foreign nations who have distinguished 
themselves by exceptionally meritorious conduct in the 
performance of outstanding services. However, retirees and 
veterans may pursue award of the LOM under the provisions of 
Title 10, Section 1130, United States Code. The law allows for 
submission of award recommendations (and the upgrading of 
previously approved awards) without regard to any previously 
imposed time constraints for submission if referred by a Member 
of Congress. The requests must be referred to the Secretary of 
the Air Force by a Member of Congress through the Secretary of 



the Air Force Liaison Office. In order for a request to be 
reasonably considered under the provision of this law, the 
following award package must contain a reconstructed award 
recommendation, a narrative citation of the action(s) for which 
the airman is being recognized and eyewitness statements 
attesting to the act(s) of valor or service performed, sworn 
affidavits, certificates, and any other related documentation. 

 

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 17 Jan 13, 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. While the 
applicant contends he was awarded the Legion of Merit prior to 
his retirement, other than his own uncorroborated assertions, he 
has provided no evidence whatsoever to indicate that he was 
recommended for, or should have been awarded, the Legion of 
Merit. While we are not unmindful or unappreciative of the 
applicant’s service to our Nation, in the absence of evidence to 
the contrary, 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-2012-04291 in Executive Session on 4 Jun 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Sep 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 3 Nov 12. 

 Exhibit D. Letter, SAF/MRBR, dated 17 Jan 13.