IN THE CASE OF: BOARD DATE: 19 MARCH 2009 DOCKET NUMBER: AR20080018630 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal and the Global War on Terrorism Service Medal (GWOTSM). 2. The applicant states that these medals were not annotated on his DD Form 214 when he was out-processing. 3. The applicant provides a copy of permanent change of station orders; an excerpt from Army Regulation 600-8-22 (Military Awards) on the GWOTSM; orders for the Army Commendation Medal; and a copy of his DD Form 214 in support of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 20 September 2000, trained as a signal support systems specialist, and was released from active duty on 22 June 2004. 3. The applicant’s DD Form 214 does not show the Army Commendation Medal or the GWOTSM as authorized awards. 4. Headquarters, 11th Armored Cavalry Regiment Permanent Orders #131-09, dated 10 May 2004, show the applicant received the Army Commendation Medal. 5. Army Regulation 600-8-22 states that the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined. DISCUSSION AND CONCLUSIONS: 1. Orders show the applicant received the Army Commendation Medal. Therefore, his DD Form 214 should be corrected to show this medal. 2. The applicant served a period of qualifying service for the GWOTSM. Therefore, his DD Form 241 should be corrected to show this medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ____X____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal and the GWOTSM on his DD Form 214. _______ _ XXX_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080018630 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080018630 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1