RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03595

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

1.  He receive credit for his overseas service on DD Form 214, Certificate of Release or Discharge from Active Duty.  (Administratively corrected) 

2.  He be awarded the Nuclear Deterrence Operations Service Medal with “N” device.  

APPLICANT CONTENDS:

1.  He was stationed at Incirlik Air Base, Turkey during the period 
Dec 08 through Oct 09.  

2.  He qualified for the Nuclear Deterrence Operations Service Medal with “N” device based upon having served in security forces for nuclear weapons at Minot AFB for several years, but the decoration came out after he had separated from active duty so it is not in his record.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Feb 06.

On 9 Oct 09, the applicant was furnished an honorable discharge, with a narrative reason for separation of “misconduct (minor infractions),” and was credited with three years, eight months, and nine days of active service.   

According to remarks on the DD Form 214 submitted by the applicant, effective 12 Dec 13 his service characterization was upgraded to “honorable” based on AF Discharge Review Board (DRB) application dated 3 Jul 12, and DD Form 214 was reissued as directed by the DRB.  

On 10 Dec 15, AFPC/DPAPP directed the applicant’s DD Form 214 be corrected to reflect foreign service of 10 months and 8 days for his service in Turkey during the period 2 Dec 08 through 9 Oct 09.  In addition, he was provided a letter confirming he had “boots on the ground” in Turkey. 

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 recommends denial indicating there is no evidence of an error or an injustice.  The Nuclear Deterrence Operation Service Medal was authorized on 27 May 14 to recognize direct support to nuclear deterrence operations.  It may be awarded retroactively to 27 Dec 91 to Airman who, while assigned, attached, deployed or mobilized, provided support to the Nuclear Enterprise for 120 consecutive or 179 nonconsecutive days and were subject to a Nuclear Inspection or performed duties in nuclear operations; nuclear weapons storage facilities; nuclear command, control, and communications (C3); cyber surety; security, safety, transportation, maintenance, facility management and maintenance; explosive ordnance disposal; aircrew certified for support to nuclear operation; weapons loaders; warning and attack assessment; personnel reliability program (PRP) management; or, research, development and acquisition of nuclear weapons.  

A review of the applicant’s official military records verified he served in a qualifying assignment for the Nuclear Deterrence Operations Service Medal with N device.  However, his service during the qualifying assignment was considered less than honorable as he received a Non-Judicial Punishment (NJP) which was referenced on his Enlisted Performance Report (EPR).  Based on the requirement of honorable service during the period of assignment, the applicant is ineligible for award of the Nuclear Deterrence Operations Service Medal with N device.

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant submitted a rebuttal to the Air Force evaluations, in which he takes exception to the writer’s assertion he separated with less than honorable service.  In December 2013, the characterization of his discharge was upgraded to Honorable.  He received only two EPRs while in the Air Force.  On his first he was rated a “3-Average,” and on his second he was rated “4-Above Average.”  During the rating period of his first EPR he did receive an Article 15 which was referenced in the EPR, however, his supervisor wrote that he did meet standards.  He worked around nuclear weapons during his entire period of service, and deserves this decoration, serving in Minot AFB, ND, and Incirlik Air Base, Turkey.  Since separating he has joined the Alabama Army National Guard, and continues to serve honorably.  

THE BOARD CONCLUDES:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response to the advisory opinion, we believe the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DP3SP indicating that relief should be denied because the applicant’s did not serve honorably, we believe a preponderance of the evidence substantiates that corrective action is warranted.  In this respect, we note the Discharge Review Board (DRB) reviewed the applicant’s completed service history and determined his service was Honorable, as indicated on his DD Form 214.  Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 9 October 2009, be amended in Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, to reflect he was awarded the Nuclear Deterrence Operations Service Medal with “N” device.

The following members of the Board considered AFBCMR Docket Number BC-2015-03595 in Executive Session on 21 Jul 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03595 was considered:

	Exhibit A.  DD Form 149, dated 17 Aug 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 11 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 19 May 16.
	Exhibit E.  Letter, Applicant, dated 29 May 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.