RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-04823

XXXXXXXXXX	COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect he was authorized and awarded the following medals:

a.	Global War on Terrorism Expeditionary Medal (GWOT-E) (will be administratively corrected and therefore, requires no Board action).

b.	Nuclear Deterrence Operations Service Medal with N device (NDOSM w/N device).

APPLICANT CONTENDS THAT:

He was discharged prior to award of the GWOT-E and NDOSM; however, both medals have been approved to be awarded retroactively for his period of service. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.

On 12 Sep 02, the applicant was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen for occupational problems and severe personality traits. The reasons for the action were as follows:

a.	On 10 Dec 01, the applicant failed to show up on time for a scheduled appointment in violation of Article 86, Uniform Code of Military Justice (UCMJ). For this misconduct, he received a Letter of Counseling (LOC).

b.	On or about 1 Apr 02, the applicant was absent without leave. For this misconduct, he received a Letter of Reprimand (LOR).

c.	On or about 18-19 Jun 02, the applicant failed to report to work by 0700 hours. For 
this misconduct, he was given a LOR. In addition, on 24 Jun 02, an Unfavorable Information File (UIF) was established and the LOR was placed therein.

d.	On 3 Sep 02, the applicant was diagnosed by a Clinical Psychologist with Axis I: Occupational Problem. In addition, although no confirmed diagnosis was given on Axis II, severe personality traits were annotated. The psychologist noted these two conditions combined rendered his condition severe enough to impair his ability to function in the Air Force and therefore, rendering him unsuitable for military service.

On 17 Sep 02, the discharge action was found legally sufficient, and the discharge authority approved the recommendation on 25 Sep 02. On 27 Sep 02, the applicant received an honorable discharge.

On 11 May 16, AFPC/DPAPP was able to confirm boots on ground Foreign Service time at Shahbaz Air Base, Pakistan, from 2 Jan 02 thru 11 Mar 02, for 2 months and 10 days. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and F.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application. While the applicant served in a qualifying duty and location for the NDOSM, his service during the qualifying assignment was considered less than honorable because he received a referral EPR. Therefore, based on the criteria requirement of honorable service during the period of assignment, the applicant is ineligible for award of the NDOSM.

Based on a review of the applicant’s military personnel record, he should have been awarded the Global War on Terrorism Service Medal (GWOT-S) and GWOT-E during his service, and was not reflected in his records. Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s records.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 Jun 16 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

After reviewing the AFPC/DP3SP advisory opinion dated 12 Jun 16, the Board staff determined the applicant’s records did not contain the referral Enlisted Performance Report (EPR) noted in the advisory opinion.

In a memorandum dated 5 Mar 18, AFPC/DP3SP revised their advisory opinion, which is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 5 Mar 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.	The application was not timely filed.

2.	The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice. The Board notes 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, Air Force Board for Correction of Military Records (AFBCMR). Moreover, the applicant has offered no plausible reason for the delay in filing the application. The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay. Therefore, aside from the administrative corrections noted above, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-04823 in Executive Session on 16 Aug 18:

Panel Chair 
Panel Member 
Panel Member
All members voted not to correct the record. The panel considered the following: Exhibit A: Application, DD Form 149, w/atchs, dated 9 Aug 15.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, AFPC/DP3SP, dated 12 Jun 16.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 21 Jun 17. Exhibit E:  Email, SAF/MRBC, dated 2 Feb 18.
Exhibit F.  Advisory Opinion, AFPC/DP3SP, dated 16 Feb 18
Exhibit G. Notification of Advisory, SAF/MRBC to applicant, dated 5 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.