RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01136

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of release or Discharge from Active Duty, be corrected to reflect award of the Nuclear Deterrence Operations Service Medal (NDOSM).

APPLICANT CONTENDS THAT:

He qualifies for the NDOSM based on his unit assignment for the period of 2005 thru 2010.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 27 Jul 04.

The applicant was twice awarded The Army Commendation Medal for exceptionally meritorious service while serving as an explosive ordnance disposal (EOD) team member during Operation IRAQI FREEDOM for the periods of 6 Jan 07 thru 6 Jul 07 and 5 Oct 08 thru 10 Mar 09.

On 23 Oct 09, the applicant was awarded the Air Force Combat Action Medal for active participation in combat on 20 Dec 08.

On 29 Jan 10, the applicant was issued a Referral Enlisted Performance Report (EPR) for the period of 1 Jan 09 through 31 Dec 09 for failing to meet the body composition portion of his fitness exam.

The applicant’s EPR ratings while serving in a qualifying duty and location for the NDOSM were:

Period of Supervision	Location	Duty Title	Rating 	
1 Jan 09 thru 31 Dec 09	Malmstrom AFB, MT	EOD Journeyman	4/Referral	
1 Jan 08 thru 31 Dec 08 	Malmstrom AFB, MT	EOD Journeyman	5	
27 Mar 07 thru 31 Dec 07	Malmstrom AFB, MT	EOD Journeyman	5	
27 Mar 06 thru 26 Mar 07	Malmstrom AFB, MT	EOD Journeyman	4	
27 Jul 04 thru 26 Mar 06	Malmstrom AFB, MT	EOD Apprentice	5	

On 26 Jul 10, the applicant was discharged with an honorable character of service and was credited with 6 years of active duty service.

The applicant’s DD Form 214 reflects he was awarded the Air Force Good Conduct Medal (AFGCM) with one oak leaf cluster for exemplary conduct during a three-year period of active military service.

Criteria for award of the NDOSM:  May be awarded to Airmen who, while assigned, attached, deployed or mobilized to a unit (wing, center or below), provided support to the Nuclear Enterprise for 120 consecutive or 179 non-consecutive days, and one of the following:

-Were subject to a Nuclear Inspection

-Performed duties in nuclear operations to include nuclear weapon storage facilities, nuclear command, control, and communication (NC3), cyber surety, security, safety, transportation, maintenance, facility management and maintenance, explosive ordnance disposal (EOD), aircrew certified for support to nuclear operations, weapons loaders, warning and attack assessment, personnel reliability program (PRP) management, or research, development and acquisition of nuclear systems.

Criteria for award of the AFGCM:  May be awarded to Air Force enlisted personnel for exemplary conduct during a three-year period of active military service, (or for a one-year period of service during a time of war). Persons awarded this medal must have had character and efficiency ratings of excellent or higher throughout the qualifying period, including time spent in attendance at service schools, and there must have been no convictions of court martial during this period.

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/DP2SP recommends denial indicating there is no evidence of an error or an injustice.  While it is verified the applicant served in a qualifying duty and location for the NDOSM, his service during the qualifying assignment is considered less than honorable as he received a Referral Enlisted Performance Report.

The NDOSM was authorized on 27 May 2014 to recognize direct support to nuclear deterrence operations.  The Nuclear Deterrence Operations Service Medal may be awarded retroactively to 27 December 1991 to fully qualified Airmen.  The Nuclear Deterrence Operations Service Medal (basic) may be awarded to Airmen who, while assigned, attached, deployed or mobilized to a unit (Wing, Center or below), 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 communication (NC3), cyber surety, security, safety, transportation, maintenance, facility management and maintenance, explosive ordnance disposal, aircrew certified for support to nuclear operations, weapons loaders, warning and attack assessment, personnel reliability program (PRP) management, or research, development and acquisition of nuclear systems.  Do not award the medal if the Airman's service has not been honorable.  Service is the time period of the assignment (to include any extensions).

A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes the validity of the conclusions of the advisory opinion and argues that although he received a singular Referral EPR during his six-year enlistment, it should not render his time in the service less than honorable.  His Referral EPR was not generated due to disciplinary issues, but rather because of a failed physical fitness assessment and not because of any lack of honor.

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 injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal, we believe the applicant is the victim of an error and injustice.   We note the comments of AFPC/DP2SP indicating that relief should be denied because the applicant’s service during the inclusive period was less than honorable; however, his DD Form 214 reflects the applicant had six (6) years of continuous honorable service.  Additionally noted is the eligibility criterion for award of the NDOSM indicates, in part, “may be awarded to Airmen who, while assigned, attached, deployed or mobilized to a unit (wing, center or below), provided support to the Nuclear Enterprise for 120 consecutive or 179 non-consecutive days.  Service member must have served honorably to receive the NDOSM.”  While the applicant received a referral EPR during the inclusive period for the NDSOM, we note his chain of command also awarded the Air Force Good Conduct Medal (AFGCM) with one oak leaf cluster for exemplary conduct during a three-year period of active military service.  As such, we find the evidence provided indicates the applicant served honorably.  We further note the OPR verified the applicant served in a qualifying duty and location for the NDOSM.  Therefore, we recommend the applicant’s record be corrected as indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 26 July 2010, be amended in Block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, to reflect award of the Nuclear Deterrence Operations Service Medal.

The following members of the Board considered AFBCMR Docket Number BC-2016-01136 in Executive Session on 23 Feb 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01136 was considered:

	Exhibit A.  DD Form 149, dated 16 Mar 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SP, dated 16 May 16.
	Exhibit D.  Letter, AFBCMR, dated 29 Dec 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.