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 applicants 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 applicants 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 applicants 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.
3
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