RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04745

XXXXXXXXXXXX	COUNSEL: XXXXXX
	
		HEARING REQUESTED: NO 

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, and records be corrected to reflect the following awards:

a.	Nuclear Deterrence Operations Service Medal

b.	Air Force Overseas Ribbon – Short Tour (Will be administratively corrected)

APPLICANT’S CONTENTIONS

That he meets the criteria for the Nuclear Deterrence Operations Medal.  Also, he was issued the Overseas Ribbon – Short Tour but it is not reflected on his DD 214.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is honorably discharged senior airman (E-4).

According to the applicant’s DD Form 214, dated 4 Jul 89, he received an honorable discharge and was credited with 4 years of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying the award of the Nuclear Deterrence Operations Service Medal.  According to Air Force Manual (AFMAN) 2806, Awards and Memorization Program, paragraph A14.24, the Nuclear Deterrence Operations Service Medal was established by the Secretary of the Air Force on 27 May 14 to recognize Airmen who directly supported nuclear deterrence operations on or after 27 Dec 91. The applicant’s active duty service is prior to the establishment of the award of the Nuclear Deterrence Operations Service Medal, however, his period of active duty service may qualify him for the Cold War Recognition Certificate.

According to AFMAN 36-2806, paragraph 3.44, Public Law 105–85, Section 1084, established a Cold War Recognition Certificate to recognize all members of the U.S. Armed Forces and qualified Federal Government civilian personnel who faithfully and honorably served the U.S. during the Cold War Era, from 2 Sep 45 to 26 Dec 91.  Applicants present documentation of service or employment, such as a copy of their DD Form 214 for military members or a SF 50, Notification of Personnel Action, for civilian personnel. One certificate is authorized per person. An individual who served in both civilian and military capacities may choose if he or she wants to receive a certificate for service as a member of the U.S. Armed Forces or as a federal civilian employee.  The Department of the Army is the office of responsibility for the Cold War Certificate. The applicant may order his certificate online at https://www.hrc.army.mil/content/903, or may write to the following address:

U.S. Army Human Resources Command
Cold War Recognition Program
Attn: AHRC-PDP-A, Department 480
1600 Spearhead Division Avenue
Fort Knox, KY 30233-5408

Based upon a thorough review of the applicant’s submission and official military personnel record, there is no evidence of an error or injustice. To grant relief would be contrary to the criteria established by Title 10, DoDM 1348.33, Manual of Military Decorations and Awards, and AFMAN 36-2806.  

Notwithstanding the above, they were able to verify the award of the Air Force Overseas Ribbon – Short Tour.  Accordingly, the applicant’s record will be administratively corrected.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 Oct 21 for comment (Exhibit  D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, other than the administrative corrections that will be made to the applicant’s record, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2017-04745 in Executive Session on 17 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP3SP, dated 27 Sep 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 Oct 21.

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