RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
		DOCKET NUMBER:  BC-2013-04881
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to include award of the Legion of Merit (LOM).
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APPLICANT CONTENDS THAT:

Upon retirement he was awarded the LOM; however, the LOM is not annotated on his DD Form 214.

In support of the applicant’s appeal, he provides the LOM certificate and three affidavits.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant with 30 years, 1 month and 26 days of active service for retirement was relieved from active duty on 31 July 
1983 and retired effective 1 August 1983 in the grade of colonel under the provisions of AFR 35-7 (Mandatory Retirement on 
Established Date – Maximum Years of Service).
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AIR FORCE EVALUATION:

AFPC/DPSID recommends approval.  DPSID states the Legion of 
Merit may be awarded by the Secretary concerned to members of 
the United States Armed Forces, who, after 8 September 1939, 
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.  For service rendered in 
peacetime, the term “key individual” applies to a narrower range 
of positions than would be the case in time of war and requires 
evidence of significant achievement.  In peacetime, service 
should be in the nature of a special requirement or of an 
extremely difficult duty performed in an unprecedented and 
clearly exceptional manner.  However, justification of the award 
may accrue by virtue of exceptionally meritorious service in a 
succession of important positions.

DPSID was able to locate what appear to be an authentic citation 
and a signed certificate for the Legion of Merit with a “Given 
Under My Hand” date of 15 July 1983, which is a couple weeks 
before the applicant's retirement date.  The verbiage of the 
citation is consistent with the applicant's claim of receiving 
the award upon his retirement; however, no Special Order was 
provided with this request or could be located within the 
applicant's official military personnel record.  The Special 
Order officially authorizes award of a decoration and without it 
we are unable to verify award of the Legion of Merit.  The 
applicant indicated in his request that he did not have the 
Special Order for the Legion of Merit.

The DPSID complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 May 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit 
D).  As of this date, no response has been received by this office. 
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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After 
reviewing the evidence of record and the evidence provided in support of this appeal, i.e., copies of the LOM certificate and 
citation and the recommendation of the Air Force office of primary responsibility, we find the applicant’s DD Form 
214 should be corrected to include the LOM.  Therefore, we recommend the applicant’s records be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the DD 
Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 31 July 1983 separation, be 
amended in Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, to include the Legion of Merit (LOM).
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The following members of the Board considered AFBCMR Docket Number BC-2013-04881 in Executive Session on 12 June 2014, under 
the provisions of AFI 36-2603:


All members voted to correct the record, as recommended.  The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 28 September 2013, w/atchs.
  Exhibit B.  DD Form 214 and LOM citation.
  Exhibit C.  Letter, AFPC/DPSID, dated 23 March 2014.
  Exhibit D.  Letter, SAF/MRBR, dated 5 May 2014.
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