RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01579 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He be awarded the Nuclear Deterrence Operations Service Medal. 2. He be awarded the Korean Defense Service Medal. (Will be administratively corrected) 3. His active duty service time and reserve service time be combined so that he is credited with 21 years, 4 months, 18 days of total military service time and placed on the USAF Retired list with the associated pay, benefits, rights, and privileges minus the separation pay he received. APPLICANT CONTENDS THAT: On 1 October 1992, he voluntarily separated from the Regular Air Force under the Early Voluntary Separation Program. He received separation pay in the amount of $66,166.80. Subsequently he served in the Air Force Reserve until his discharge on 1 October 1995. He was credited with 18 years, 4 months and 18 days of active service plus 3 years reserve time. Those personnel who made the decision to voluntarily separate from active duty prior to achieving retired status should be given the opportunity to complete a military career. He is asking the Board to honor him by allowing him to officially retire from the Air Force. He was stationed in the Republic of Korea for a total of five years and should be awarded the Korean Defense Service Medal. On 27 May 2014, the Secretary of the Air Force authorized award of the Nuclear Deterrence Operations Service Medal retroactive to 27 December 1991, to fully qualified Airmen who were subject to a nuclear inspection or performed duties in nuclear operations to include Weapons Loading. He was directly involved with Nuclear Weapons Handling and Loading Operations in support of the USAF Nuclear Deterrence Mission. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 14 May 1974, the applicant entered the Regular Air Force. According to an Enlisted Special Separation Benefit (SSB) Agreement, dated 2 June 1992, the applicant agreed to separate from active duty and accept enlistment in or transfer to the Ready Reserve for a period of three years beyond any existing service obligation in exchange for receiving special separation pay in the amount of $66,166.80. The termination date of his service obligation was 30 September 1995. On 1 October 1992, the applicant received an honorable discharge, and was credited with 18 years, 4 months, and 18 days of active service. His narrative reason for separation is “Voluntary Release/Transfer to another service Component for Early Release Program.” According to Reserve Order CA-002205 dated 7 October 1995, the applicant was honorably discharged from the Air Force Reserve effective 1 October 1995. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which is attached at Exhibits C - E. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the Nuclear Deterrence Operations Service Medal indicating they are unable to verify the applicant served in support of the Nuclear Enterprise on or after 27 December 1991. The Secretary of the Air Force approved the Nuclear Deterrence Operations Service Medal on 27 May 2014, 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 December 1991 to fully qualified 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. To grant relief would be contrary to the criteria established by DoD Manual 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force, Chief of Staff, and/or the War Department. AFPC/DPSID was able to verify the applicant's entitlement to the Korean Defense Service Medal. Upon final Board decision, administrative correction of his official military personnel records will be completed by AFPC/DPSOR. A complete copy of the AFPC/DPSID evaluation, with attachment, is at Exhibit C. AFPC/DPSIPV recommends the applicant’s case be forwarded to the Separations/Retirement Policy Branch to address his request that he be placed on the retired list. On 1 October 1995, the applicant was relieved from assignment to HQ ARPC Nonobligated Nonparticipating Ready Personnel Section (NNRPS) and honorably discharged from the Air Force Reserve after 3 years of inactive service. There is no record of him accruing any additional active duty service while assigned to NNRPS; thus leaving him 1 year, 7 months, and 12 days short of 20 years of active duty. A complete copy of the AFPC/DPSIPV evaluation is at Exhibit D. ARPC/DPTT recommends denial of the applicant’s request to be considered for retirement. The applicant did not complete 20 years of satisfactory service or any of the last 8 satisfactory years in a Reserve component as required by law. Therefore, he did not obtain eligibility for Reserve retirement pay under the provisions of Title 10, United States Code, Section 12731: Age and service requirements. In order to be eligible for a Reserve retirement, a member must complete 20 years of satisfactory service and complete the last 8 years of qualifying service in a Reserve component and attain age 60. On or after 1 July 1949, a member must earn 50 points (including 15 membership points) to be credited with a satisfactory year for retirement. Members assigned to NNRPS cannot participate and receive satisfactory service. A review of the applicant’s military record indicates he completed 18 years, 4 months and 18 days of satisfactory service credible towards Reserve retired pay eligibility as of 1 October 1995, the date of his discharge from NNRPS. A complete copy of the ARPC/DPTT evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 March 2016, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit F). 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 Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records. 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. As such, other than the administrative correction noted above, we do not find it would be in the interest of justice to recommend granting relief. Given 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-2015-01579 in Executive Session on 19 April 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01579 was considered: Exhibit A. DD Forms 149, dated 13 April 2015 and 20 April 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 10 August 2015, w/atch. Exhibit D. Memorandum, AFPC/DPSIPV, dated 15 January 2016. Exhibit E. Memorandum, ARPC/DPTT, dated 18 February 2016. Exhibit F. Letter, AFBCMR, dated 14 March 2016.