BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019644 


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.

2.  The applicant states that these two awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and Army Commendation Medal award certificate.

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.  On 19 August 1998, the applicant enlisted in the Regular Army.  He completed his initial training, to include basic airborne training, and he was awarded military occupational specialty 71L (Administrative Specialist).

3.  On 10 August 1999, the applicant was assigned to Fort Bragg, NC.

4.  On 18 August 2002, the applicant was honorably released from active duty and transferred to the 649th Military Intelligence Battalion located in Austin, TX.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Commendation Medal or the Global War on Terrorism Service Medal.

6.  A DA Form 638 (Recommendation for Award), dated 1 March 2002, recommended the applicant for award of the Army Commendation Medal for his exceptionally meritorious service from 11 October 1999 to 18 August 2002.  The recommendation was approved by 18th Field Artillery Brigade (Airborne), Fort Bragg, Permanent Order Number 225-01, dated 22 August 2002.

7.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism (GWOT) operations outside of the designated areas of eligibility (AOE) on or after 11 September 2001 to a future date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal and the Global War on Terrorism Service Medal.

2.  Permanent orders show that the applicant was awarded the Army Commendation Medal.

3.  The evidence of record shows the applicant served during a qualifying period for award of the Global War on Terrorism Service Medal.

4.  In view of the foregoing, the applicant's request should be granted and his DD Form 214 should be corrected as recommended below.


BOARD VOTE:

___x_____  ____x____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 to item 13 of his DD Form 214 the Army Commendation Medal and the Global War on Terrorism Service Medal.



      ___________x____________
               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)                                         AR20090019644



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ABCMR Record of Proceedings (cont)                                         AR20090019644



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