IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010159 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010159 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 his DD Form 214 the Army Commendation Medal (2nd Award) 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. IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20150010159 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 Global War on Terrorism Service Medal (GWOTSM) and the Army Commendation Medal (ARCOM) (2nd Award). 2. He states he was discharged on 1 January 2004, prior to the processing and approval of his award on 14 April 2005. 3. He provides his DD Form 214 and DA Form 638 (Recommendation for Award) with ARCOM 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 29 December 1994, the applicant enlisted in the Regular Army. 3. On 1 January 2004, he was honorably discharged. His DD Form 214 credits him with completing 9 years and 3 days of active duty service. His DD Form 214 also shows the: * Armed Forces Service Medal * ARCOM * Army Achievement Medal (2nd Award) * Army Superior Unit Award * NATO Medal * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Armed Forces Expeditionary Medal * Noncommissioned Officer's Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon * United Nations Medal * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button 4. Permanent Order Number 104-002, issued by Headquarters, Aviation Brigade, Schofield Barracks, HI, dated 14 April 2005 awarded him the ARCOM for the period 1 July 1999 to 18 April 2004 for meritorious service while assigned to the 25th Aviation Brigade. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the GWOTSM is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal. All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive or 60 nonconsecutive days are authorized the GWOTSM. DISCUSSION: 1. The applicant's DD Form 214 shows award of the ARCOM. Permanent Order Number 104-002, dated after the issuance of his DD Form 214 verifies his entitlement to the second award of the ARCOM. 2. The evidence of record shows he served on active duty on 11 September 2001 and for more than 30 days; therefore, he is authorized award of the GWOTSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010159 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010159 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2