ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-02716

	COUNSEL: 

	HEARING: YES 

APPLICANT REQUESTS THAT:

The Board reconsider his request that the casualty report related to his father’s death be designated as “battle related” and that his father be awarded the Purple Heart.

RESUME OF THE CASE:

On 22 March 2015, the Board considered and denied a request for correction of military records submitted by the applicant, finding that the prior request was not timely submitted.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the Record of Proceedings, with Exhibits A–E, at Exhibit F.

On 7 October 2016, the applicant requested reconsideration of his appeal.  He again contends that his father is being denied the Purple Heart because the casualty report incorrectly reflects the cause of his death as non-battle related.  In support of his request for reconsideration, the applicant provides a letter from the Noncommissioned Officer in Charge (NCOIC) of Explosive Ordinance Disposal operations in Laos during the period the applicant’s father was killed.  The NCOIC provided statements in support of the applicant’s first request indicating that although he did not witness the death of the applicant’s father, he knew it was battle related.  In addition, he states that the family of another military member killed nine months after the applicant’s father, and near the same location, under similar circumstances, was awarded the Purple Heart.  The NCOIC reasserts these same arguments in this submission.

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

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice and therefore finds no basis to recommend granting the requested relief.  As previously noted an application on this matter was not filed within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, Correction of military records: claims incident thereto, and AFI 36-2603.  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board again concludes it would not be in the interest of justice to excuse the failure to timely file the application.  Accordingly, the Board recommends against correcting the applicant’s records.
The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2014-02716-2 in Executive Session on 17 May 2018:

All members voted not to correct the record.  The panel considered the following:

Exhibit F:	Record of Proceedings, w/ Exhibits A-E, dated 20 April 2015.
Exhibit G:	Application, DD Form 149, w/atchs, dated 17 November 2016.

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