RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01144

XXXXXXXXXXXX	COUNSEL: XXXXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His service record be corrected to reflect he was awarded the Nuclear Deterrence Operations Service Medal (NDOSM).

APPLICANT’S CONTENTIONS

His first assignment after completing technical training was to a Strategic Air Command (SAC) KC-135A aircraft unit in Oct 76.  In Dec 78, he undertook a permanent change of assignment to an Air National Guard KC-135A aircraft unit where he remained in continuous service until his retirement in Apr 16.  At both locations, his units were treated to numerous and various nuclear surety inspections, nuclear operation readiness inspections, nuclear generation exercises, and a 24 hour/seven day a week continuous SAC Alert commitment to the end of the cold war and the reorganization of the United States Air Force structure beginning in May 92.  As a KC-135A aircraft crew chief, he participated in these operations every day, including his final SAC Alert in Apr 92.  The NDOSM was not authorized until 27 May 14 and should be awarded retroactively.  His service record and the 30 SAC Alert orders from 1986 – 1992 is evidence of direct support of nuclear operations and meets the criteria for the NDOSM.  
 
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve chief master sergeant (E-9). 

On 1 Dec 89, according to the Military Personnel Data System (MilPDS), the applicant’s Duty Air Force Specialty Code (DAFSC) was 45770 (Aircraft Maintenance).

On 11 Dec 92, according to MilPDS, the applicant’s DAFSC changed to 2AXXX (Aircraft Maintenance).

On 23 Apr 92, according to, Special Order XXXXX, dated 22 Apr 22, provided by the applicant, he performed special local training, SAC Alert, on 23 Apr 92 from 1600 – 2400 hours.

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

	
AIR FORCE EVALUATION

NGB/A1PS recommends denying the application.  According to Air Force Manual 36-2806, Awards and Memorialization Program, the NDOSM was established by the Secretary of the Air Force  on 27 May 14,  to recognize Airmen who directly supported nuclear operations on or after 27 Dec 91.    The NDOSM may be awarded to Airman who, while assigned, attached, deployed or mobilized to a unit (wing, center or below, and nuclear-certified controllers above wing level), provided support to the Nuclear Enterprise for 120 consecutive days or 179 nonconsecutive days, and:  the unit was subject to a Nuclear Inspections, or; performed duties in nuclear operations to include nuclear weapons storage facilities, nuclear command, control , and communication, cyber surety, security, safety, transportation, maintenance, facility management and maintenance, explosive ordinance disposal, aircrew certified for support to nuclear operations, weapons loaders, warning and attach assessment, personnel reliability program management, or research, development and acquisition of nuclear systems.  An “N” device is worn on the NDOSM for Airmen who: dispatched for 179 non-consecutive days in direct support of Intercontinental Ballistic Missile operations, and  performed duties in Missile Maintenance (21MX, 2M0XX), Munitions and Maintenance (2W0XX, 2W1XX, 2W2XX), Security Forces (31PX, 3P0XX, Services (3M0XX), Fuels (2F0XX), Transportation (2T1XX, 2T3XX), Civil Engineering (32EX, 3EXXX), Cyberspace Support (3D1X1, 3D1X2, 3D1X3, 3D100), Operations (11HXC, 13NX, 1A9X1, and 13SX officers on or before 9 Feb 13), Missile Facility Manger (8S000),or; for nuclear laden aircraft: nuclear certified aircrew, aircraft maintenance technicians, munitions maintenance technicians, combat crew communications, nuclear certified controllers, and security forces performing guard duties.

Although the applicant provided numerous SAC Alert orders, only one set of orders is within the established qualification period of on or after 17 Dec 91.  This set of orders, is for special local training for the purpose of SAC Alert, on 23 Apr 91 from 1600 – 2400 hours and unfortunately does not qualify the applicant for the NDOSM.

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 1 Jun 22 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 finds the applicant does not meet the established criteria for award of the NDOSM; therefore, the Board concurs with the rationale and recommendation of NGB/A1PS 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, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2022-01144 in Executive Session on 18 Aug 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 15 Mar 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1PS, w/atchs, dated 24 May 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 1 Jun 22.

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.