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.