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AF | BCMR | CY2013 | BC 2013 05180
Original file (BC 2013 05180.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05180
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the citation to accompany 
the award of the Purple Heart (PH) medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

His award of the PH does not contain the write-up to accompany 
it and the Department of Veterans Affairs (DVA) will not accept 
his certificate alone as verification of his injuries.

In support of his request, the applicant provides copies of the 
Special Order and the certificate awarding the PH.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

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

________________________________________________________________

STATEMENT OF FACTS:

According to documentation provided by the applicant, on 13 Nov 
68, he was awarded the PH medal for wounds he received in action 
on 22 Sep 68.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial indicating there is no error or 
injustice.  The applicant has been provided all of the elements 
authorized for the PH verifying his eligibility for the award.  
The decoration elements for the PH consist of the certificate 
and the Special Order; there is no citation for the PH.  The 
applicant possesses both the certificate and Special Order and 
consequently, there is no other documentation available to 
provide.  
A review of the applicant’s records revealed that he should have 
been awarded the Republic of Vietnam Gallantry Cross with Palm 
(RVNGC w/P) and his official military personnel records will be 
administratively corrected by AFPC/DPSOR.

The complete DPSIM evaluation is attached at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 9 May 14, for review and comment within 30 days 
(Exhibit E).  As of this date, this office has not received a 
response.

________________________________________________________________

FINDINGS AND CONCLUSIONS OF THE BOARD:

After careful consideration of applicant’s request and the 
evidence of record, we find the application untimely.  The 
applicant did not file within three years after the alleged 
error or injustice was discovered as required by Title 10, 
United States Code, Section 1552 and Air Force Instruction 36-
2603.  The applicant has not shown a sufficient reason for the 
delay in filing, and we are not persuaded that the record raises 
issues of error or injustice which require resolution on the 
merits.  Thus, we cannot conclude it would be in the interest of 
justice to excuse the untimely filing of this application. 

________________________________________________________________

DECISION OF THE BOARD:

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-2013-05180 in Executive Session on 9 Sep 14, under the 
provisions of AFI 36-2603:

	                    , Panel Chair
	                   , Member
	                   , Member



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-05180 was considered:

	Exhibit A.  DD Form 149, dated 31 Oct 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 4 Apr 14.
	Exhibit E.  Letter, SAF/MRBR, dated 9 May 14.




                                   

                                  

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