RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03160

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Nuclear Deterrence Operations Service Medal (administratively corrected), Service Stars for his previously awarded Global War on Terrorism Expeditionary Medal (administratively corrected), and the Air Force Special Duty Ribbon.

APPLICANT CONTENDS THAT:

Even though he retired in 2007, before the medals and ribbon were authorized, he believes his records should be corrected and his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect the addition of this information into his permanent military record.  

In support of his applications, the applicant provides copies of his DD Form 214; his AF Form 77, Supplemental Evaluation Sheet, dated 17 Nov 03; two AF IMT 77s, Letter of Evaluation, with a closeout of 11 Dec 03 and 25 Jan 07; his Air Force Achievement Medal (First Oak Leaf Cluster) citation, dated 9 Apr 04, and several certificates and Enlisted Performance Reports.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 15 Jul 81.

On 1 Aug 07, the applicant retired and was credited with 26 years and 16 days of active service. 

On 28 Aug 15, DP3SP administratively corrected the applicant’s record by awarding him the Nuclear Deterrence Operations Service Medal with N device and one Silver Oak Leaf Cluster and the Global War on Terrorism Expeditionary Medal with one Bronze Service Star.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP provided two separate advisories.  In the 9 Dec 15 advisory DP3SP provided no recommendation and indicates, after verifying the award of the Nuclear Deterrence Operations Service Medal with N device and one Silver Oak Leaf Cluster and the Global War on Terrorism Expeditionary Medal with one Bronze Service Star, the applicant’s record was administratively corrected on 28 Aug 15.  

In the 8 Apr 16 advisory, DP3SP recommends denying his Air Force Special Duty Ribbon indicating there is no evidence of an error or injustice.  The Secretary of the Air Force established the Air Force Special Duty Ribbon on 4 Sep 14 to recognize Airmen who successfully perform the challenge of a special duty assignment and is not retroactive prior to the establishment date.  The applicant's dates of service from 15 Jul 81 to 31 Jul 07 are prior to the award's effective date; therefore, the applicant is ineligible for award of the Air Force Special Duty Ribbon.

Complete copies of the AFPC/DP3SP evaluations are at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 29 Apr 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief beyond that administratively provided, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-03160 in Executive Session on 16 Aug 16 under the provisions of AFI 36-2603:

, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149s, dated 13 Jul 15 & 9 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memoranda, AFPC/DP3SP, dated 9 Dec 15 & 8 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 29 Apr 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.