IN THE CASE OF:
BOARD DATE: 20 November 2008
DOCKET NUMBER: AR20080009290
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, in effect, that the Army Commendation Medal with 1st Oak Leaf Cluster and the Global War on Terrorism Service Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he received his second Army Commendation Medal while on terminal leave, and he believes he is eligible for the Global War on Terrorism Service Medal.
3. The applicant provides copies of his DD Form 214, a completed Recommendation for Award (DA Form 638); a Noncommissioned Officer (NCO) Evaluation Report (ER) for the period August 2002 through June 2003, and a Certificate of Achievement.
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 applicants 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 applicants 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 and entered active duty on 3 August 1995. He completed training as an infantryman and progressed to the rank of sergeant (pay grade E-5).
3. He was discharged on 3 February 2004 at the completion of his required service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal, Good Conduct Medal (2nd Award), National Defense Service Medal (2nd Award), NCO Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon with numeral "2," Expert Infantryman Badge, Air Assault Badge, and the Driver and Mechanic Badge with "DriverW" Bar.
4. The DA Form 638 recommended award of the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service. Among the specific achievements described was his superior performance at the Grafenwoehr Training Area in support of Operation Iraqi Freedom. The award was approved and Permanent Order 342-01, dated 8 December 2003 was published by Headquarters, Operations Group, Combined Military Training Center.
5. 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.
6. Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Commendation Medal with 1st Oak Leaf Cluster.
2. He is authorized the Global War on Terrorism Service Medal.
3. Those awards should be added to his DD Form 214.
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 the Army Commendation Medal with 1st Oak Leaf Cluster and the Global War on Terrorism Service Medal to his 3 February 2004 DD Form 214.
_______ _ 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.
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