RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04651 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: 1. His Legion of Merit (LOM) awarded for the period 16 Mar 66 to 8 Jul 76, be redone for a shorter time period and he receive Bronze Oak Leaf Clusters (BOLC) for the remaining period of time. 2. The Missile Badge be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. 3. He receives recognition as a Brigadier General (BG) selectee for evaluation to O7 promotion. 4. His records be amended to reflect he attended Squadron Officers School, Air University, Industrial College of the Armed Forces (ICAF), and as a faculty professor (administratively resolved). APPLICANT CONTENDS THAT: These accomplishments were inadvertently omitted from his records. He was told at retirement that the Regulation was changed to include Research & Development (R&D) officers for the Missile Badge. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to documents extracted from his military personnel record (MPR),by Reserve Order Number EL-1042, dated 2 Mar 89, the applicant was placed on the Retired Reserve List in the grade of O6, awaiting retirement at age 60 (8 Sep 89). He was credited with 28 years, 1 month and 17 days of service. On 28 Jan 15, the applicant was notified by memorandum that his records were being administratively corrected to add his formal training Air Command and Staff College PME Program and National Security Management (Industrial College of the Air Force (ICAF)) to his DD Form 214. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C through F. AIR FORCE EVALUATION: AFPC/DPSID recommends denial for award of the LOM indicating there is no evidence of an error or an injustice. The applicant’s request to change his LOM inclusive dates and to award additional LOMs with BOLCs is vague and does not indicate how many awards he wants. Furthermore, the applicant has not provided a complete decoration package for a change of his LOM to a shorter time frame, or BOLCs for the remaining time frame. A complete package consists of a recommendation from an eyewitness preferably within his chain of command, a proposed citation, and be submitted through a Congressional office. Without a complete package and proper documentation, the applicant’s request cannot be reasonably considered. The LOM is awarded to service members of the United States who after 8 Sep 39 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 positons 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 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. After reviewing the applicant’s military personnel record, DPSID was unable to verify any amendment to his LOM. The original awarding authority had the discretion to split up the 10 year time frame for the applicant’s LOM, but chose to process the decoration as submitted. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSIMC recommends denial for the portion of the applicant’s request for the Missile Badge. The applicant has not provided enough documentation for award of the Missile Badge. DPSIMC has no guidance for information on R&D officers. According to his records his Air Force Specialty Code is 2716, Acquisition Manager. A complete copy of the AFPC/DPSIMC evaluation is at Exhibit D. AF/REG recommends denial for the portion of the applicant’s request for recognition as a BG selectee for evaluation to 07 promotion. The Air Force Reserve Brigadier General Qualification Board (RBGQB) convenes yearly and recommends USAFR colonels for possible assignment to Air Force Reserve general officer positions and subsequent opportunity to compete for promotion. However, it is not a promotion board or an automatic assignment into a general officer position. Assignments for BG positions are made throughout the year, drawing from the names on the RBGQB list. If not placed in a general officer billet, a member must requalify and meet the board every year until he is either placed or is no longer eligible due to age, retainability or participation level. Selection status or a member’s selection history for this board is not made a matter of official record. Since his records indicate retirement as a colonel, it is likely the applicant is referring to his selection by the RBGQB. Unfortunately, this office and the Air Reserve Personnel Center do not maintain any record of RBGQB results before 2009. Additionally, any individual candidate documentation is disposed of every year and no copies of correspondence notifying candidates of their selection are kept on file. A complete copy of the AF/REG evaluation is at Exhibit E. SAF/MRBP concurs with the recommendation of DPSIDR to deny the applicant’s request regarding his LOM. The applicant has not provided sufficient justification or evidence to support award of multiple LOMs. A complete copy of the SAF/MRBP evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force and SAF/MRBP evaluations were forwarded to the applicant on 6 Jul 15, for review and comment within 30 days (Exhibit G). 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force OPRs and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting relief beyond that rendered administratively. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04651 in Executive Session on 9 Sep 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04651 was considered: Exhibit A. DD Form 149, dated 27 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 18 Apr 15. Exhibit D. Memorandum, AFPC/DPSIMC, dated 5 May 15. Exhibit E. Memorandum, AF/REG, dated 22 May 15. Exhibit F. Memorandum, SAF/MRBC, dated 2 Jun 15. Exhibit G. Letter, SAF/MRBR, dated 6 Jul 15.