RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02933

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge be corrected to reflect he was awarded:

	a. Overseas Ribbon-Long Tour (AFOR-LT) (Administratively resolved).

	b. Nuclear Deterrence Operations Service Medal w/”N” device.

APPLICANT CONTENDS THAT:

His DD Form 214 does not correctly reflect his awards. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Nov 83.

On 30 Jun 04, the applicant was furnished an honorable discharge, retired effective 1 Jul 04, and was credited with 20 years, 7 months, and 23 days of active service.   

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 warranting award of the Nuclear Deterrence Operations Service Medal with “N” device.  The Secretary of the Air Force approved the Nuclear Deterrence Operations Service Medal on 27 May 14 to recognize direct support to nuclear deterrence operations.  The medal is authorized for Airmen who directly impacted the Nuclear Enterprise.  The Nuclear Deterrence Operations Service Medal may be awarded retroactively to 27 Dec 91 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 the unit was subject to a Nuclear Inspection, or performed duties in nuclear operations to include nuclear weapon storage facilities, nuclear command, control, and communication, 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 management, or research, development and acquisition of nuclear systems.  They were unable to verify the applicant was assigned, attached, deployed or mobilized to a unit (Wing, Center or below) that provided support to the Nuclear Enterprise and was subject to a Nuclear Inspection or performed duties in nuclear operations on or after the retroactive start date of 27 Dec 91.

Notwithstanding the above, they were able to determine that the AFOR-LT ribbon should have been awarded during the applicant's service from 8 Nov 83 to 30 Jun 04 and was not reflected in his records.  Upon final board decision, administrative correction of the applicant's official military personnel record will be completed.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 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 any relief beyond that rendered administratively, 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-2016-02933 in Executive Session on 20 Apr 17 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 19 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 18 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 13 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.