RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 February 2007
      DOCKET NUMBER:  AR20060010543


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 29 January 1993 omitted
his Army Commendation Medal (ARCOM) and the Single Channel Radio Operator
Basic Noncommissioned Officer Course (BNCOC).

2.  The applicant makes no additional statement.

3.  The applicant provides an ARCOM award certificate and his BNCOC
completion certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 January 1993.  The application submitted in this case is
dated 11 July 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 18 September 1985.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 31C (Single Channel Radio Operator).

4.  U. S. Army Field Artillery Center and Fort Sill Permanent Orders 179-
035 dated 16 September 1988 awarded the applicant the Army Good Conduct
Medal (First Award) for the period 18 September 1985 to 17 September 1988.

5.  The applicant provided an ARCOM award certificate showing he was
awarded the ARCOM for meritorious service for the period 23 April 1988 to
12 September 1989.

6.  The applicant was assigned to the 5th Military Intelligence Company,
18th Military Intelligence Battalion, Munich, Germany around August 1989.

7.  The 18th Military Intelligence Battalion was awarded the Army Superior
Unit Award for the period November 1988 to November 1989.
8.  On 1 October 1991, the applicant completed Single Channel Radio
Operator BNCOC.

9.  Headquarters, 18th Military Intelligence Battalion Permanent Orders
000000-038 dated 17 December 1991 awarded the applicant the Army Good
Conduct Medal (Second Award) for the period 18 September 1988 to
    17 September 1991.

10.  Headquarters,18th Military Intelligence Battalion Permanent Orders
      84-4 dated 8 December 1992 awarded the applicant the ARCOM (Second
Award) for meritorious service for the period 2 October 1989 to 7 December
1992.

11.  On 29 January 1993, the applicant was honorably released from active
duty. His DD Form 214 for the period ending 29 January 1993 shows he was
awarded the Army Service Ribbon, the “Overseas Serves Ribbon,” three awards
of the Army Achievement Medal, the “Noncommissioned Officer Primary
Leadership Ribbon” (presumably the Noncommissioned Officer Professional
Development Ribbon), the National Defense Service Medal, the “Army Support
Unit Award” (presumably the Army Superior Unit Award), and the “Marksman
Badge Rifle,   M-16” (presumably the Marksman Marksmanship Qualification
Badge with Rifle Bar (M-16)).

12.  Item 14 (Military Education) of the applicant’s DD Form 214 for the
period ending 29 January 1993 does not show he completed the Single Channel
Radio Operator BNCOC.

13.  The applicant’s DD Form 214 was later amended to add a reentry code.

14.  Army Regulation 600-8-22 (Military Awards) shows the Noncommissioned
Officer Professional Development Ribbon (NPDR) is awarded to Active Army,
Army National Guard, and U.S. Army Reserve Soldiers for successful
completion of designated NCO professional development courses.  The NPDR
consists of the basic ribbon with numeral devices of 2, 3, or 4 which
signify satisfactory completion of the respective levels of NCO
professional development courses.  Completion of a basic level course, such
as BNCOC, is required for award of numeral 2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided sufficient evidence to show he was awarded an
ARCOM for meritorious service from 23 April 1988 to 12 September 1989.  In
addition, he was awarded a second ARCOM in 1992 and two Army Good Conduct
Medals.  These awards should be added to his DD Form 214.

2.  The evidence of record shows the applicant completed the Single Channel
Radio Operator BNCOC.  This course should be added to his DD Form 214.

3.  The applicant’s DD Form 214 contains numerous errors concerning his
awards and decorations.  It should be corrected to show he was awarded the
Army Service Ribbon, the Overseas Service Ribbon, three awards of the Army
Achievement Medal, two awards of the Army Commendation Medal, two awards of
the Army Good Conduct Medal, the Noncommissioned Officer Professional
Development Ribbon with Numeral 2, the National Defense Service Medal, the
Army Superior Unit Award, and the Marksman Marksmanship Qualification Badge
with Rifle Bar (M-16).

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 January 1993; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         28 January 1996.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__mdm___  __jtm___  __qas___  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 and to excuse failure to timely file.  As a
result, the Board recommends that DD Form 214 for the period ending 29
January 1993 of the individual concerned be corrected by:

     a.  deleting all entries in item 13;

     b.  amending item 13 to show he was awarded the Army Service Ribbon,
the Overseas Service Ribbon, three awards of the Army Achievement Medal,
two awards of the Army Commendation Medal, two awards of the Army Good
Conduct Medal, the Noncommissioned Officer Professional Development Ribbon
with Numeral 2, the National Defense Service Medal, the Army Superior Unit
Award, and the Marksman Marksmanship Qualification Badge with Rifle Bar
(M-16); and

     c.  amending item 14 to add Single Channel Radio Operator BNCOC.




                            __Mark D. Manning_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010543                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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