RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01302 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The Nuclear Defense Operation Service Medal with “N” device (NDOSM w/N) be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. APPLICANT CONTENDS THAT: For six years, he was stationed at Kirtland Air Force Base providing security for nuclear-laden aircraft and convoys. An Air Force Personnel Center (AFPC) briefing dated 9 Oct 14, titled “Special Duty Assignment Pay (SDAP) and Nuclear Deterrence Operations Service Medal (NDOSM),” stated security forces who provided guard detail for nuclear laden aircraft are eligible for the “N” device. After serving at the Kirtland Underground Munitions Maintenance Storage Complex (KUMMSC), he provided the requisite support. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 19 Sep 06, the applicant entered the Regular Air Force. On 26 Jan 11, he received a Letter of Reprimand (LOR) for failing the Air Force Fitness Assessment four times within a 24 month period. His commander established an Unfavorable Information File (UIF) based on the LOR. In his response to the LOR, he stated he never had issues before his current assignment and his Primary Care Manager (PCM) found he was a “non- acclimater” and will always have difficulties exercising at altitude. On 18 May 11, he received an LOR for failing the Air Force Fitness Assessment five times within a 24 month period. His commander added the LOR to his existing UIF. His Enlisted Performance Report (EPR) for period inclusive dates 19 May 10 thru 18 May 11, was referred for failure to meet Air Force Fitness Standards. According to his EPR for period inclusive dates 19 May 11 thru 14 Sep 11, he received an overall “2 – Needs Improvement”. On 15 Sep 11, he was notified his commander referred his EPR due to receiving “Does Not Meet” in Section III, Performance Assessment, blocks 1 (Primary/Additional Duties), 2 (Standards, Conduct, Character & Military Bearing), and 3 (Fitness). He acknowledged receipt on 23 Sep 11. On 17 Feb 12, he received an LOR for failing the Air Force Fitness Assessment six times within a 24 month period. His commander added the LOR to his existing UIF. According to AF Form 418, Selective Reenlistment Program (SRP) Consideration for Airmen in the Regular Air Force/Air Force Reserve, dated 29 May 12, he was not recommended for reenlistment. He acknowledged receipt the same day indicating he did not intend to appeal. On 18 Sep 12, the applicant was honorably discharged after completion of required active service and was credited with six years of active service. AIR FORCE EVALUATION: AFPC/DPSID recommends disapproval for award of the NDOSM with N device. After a thorough review of the applicant’s official military personnel record, DPSID was unable to verify award of the NDOSM w/N. While the applicant appears to have qualifying service for award of the NDOSM w/N, the applicant’s qualifying service was not entirely honorable; therefore, per the award criteria, the applicant is ineligible to receive the award. To grant relieve would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, the Chief of Staff, and/or the War Department. The NDOSM was authorized on 27 May 14 to recognize direct support to nuclear deterrence operations. The NDOSM may be awarded retroactively to 27 Dec 91 to fully qualified Airmen. The NDOSM (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 communications (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). The complete DPSID 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 11 Aug 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 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, including attachments, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPSID indicating that relief should be denied because the applicant’s records contain derogatory information rendering him ineligible for the NDOSM w/N per the award criteria, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant provided a copy of his EPR while assigned to the 377th Security Forces Squadron in which his rater suggests immediate promotion is a must and his additional rater suggests a below- the-zone promotion is a must. In addition, he received an honorable discharge in September 2012. In our deliberations of this case, it appeared the applicant met the 120 consecutive day assignment award criteria at the latest, in early 2008 and during this timeframe his service was honorable as evidenced by his EPR covering that period. Therefore, we recommend the applicant’s records 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 he was awarded the Nuclear Defense Operation Service Medal with “N” device (NDOSM w/N), in block 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized on the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his September 18, 2012 discharge. The following members of the Board considered AFBCMR Docket Number BC-2015-01302 in Executive Session on Tuesday, 27 Oct 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board voted to recommend granting the requested relief. -------- voted to deny the application and has submitted a minority report, which is attached at Exhibit E. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01302 was considered: Exhibit A. DD Form 149, dated 12 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 1 Jul 15. Exhibit D. Letter, SAF/MRBR, dated 11 Aug 15. Exhibit E. Minority Report, dated 30 Oct 15.