RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060010829


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, award of the Noncommissioned Officer
Professional Development Ribbon (NPDR).

2.  The applicant states, in effect, that per Army Regulation 600-8-22
(Military Awards), he is entitled to retroactive award of the NPDR.  He
claims that his initial request to the National Archives & Records
Administration was denied due to insufficient records being found to
validate his claim.  He states he is in possession of several documents
which confirm his successful completion of the Primary Noncommissioned
Officer Course/Combat Army at Camp Casey, Korea in May 1977.  He is now
requesting that award of the NPDR and that this award be added to his
record and separation document (DD Form 214).

3.  The applicant provides following documents in support of his
application:  Certificate of Training for Primary Noncommissioned Officer
Course/Combat Army, dated 27 May 1977; DD Form 214; Headquarters, U.S. Army
Support Grout Joint Security Area, Orders Number (#) 25-2, dated 20 April
1977; Headquarters, U.S. Army Support Group Joint Security Area, Orders #26-
1, dated 23 April 1977; and Service School Academic Evaluation Report (DA
Form 1059).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 March 1979.  The application submitted in this case is
dated
9 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’s record shows he enlisted in the Regular Army and
entered active duty on 20 June 1975.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 17 (Civilian Education and Military Schools), that he completed a 4-
week course and graduated from the 2nd Infantry Division Noncommissioned
Officer (NCO) Academy in Korea in 1977.

5.  The applicant's Military Personnel Record Jacket (MPRJ) contains
Headquarters, U.S. Army Support Group, Joint Security Area, Orders Number
(#) 25-2, dated 20 April 1977.  These orders assigned the applicant to the
2nd Infantry Division NCO Academy in Korea to attend the Primary NCO/Combat
Arms course, class 7-77, from 1 through 27 May 1977.

6.  The applicant's MPRJ also contains a Certificate of Training that shows
he successfully completed the Primary NCO/Combat Arms course, Class 7-77 on
27 May 1977.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-6 of the
awards regulation contains guidance on the NPDR.  It indicates the ribbon
was established by the Secretary of Army on 10 April 1981, as announced in
Department of the Army General Order 15, dated 10 October 1990.

8.  Paragraph 5-6 of the awards regulation further states, in pertinent
part, that the NPDR is awarded to members of Active Army, ARNG, and USAR
for successful completion of designated NCO Professional Development
Course.  Effective 1 August 1981, all Active Army, Army National Guard and
Army Reserve Soldiers in an active status are eligible for award of the
NPDR for satisfactory completion of the respective NCOES or RC-NCOES
courses as follows:  Primary Level consist of the Primary NCO Course,
Combat Arm (PNCOC), Primary Leadership Course (PLC), Primary Technical
Courses (Services School – PTC), and Warrior Leader Course (WLC) (formally
called Primary Leadership Development Course (PLDC)) for award of the basic
ribbon. The Basic level consist of the Basic NCO Course, Combat Arms
(BNCOC) Basic Technical Courses.  There are no provisions in the regulation
for granting retroactive award of the NPDR to Soldiers who were not serving
on 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to award of the NPDR was carefully
considered.  However, there is insufficient evidence to support his claim.
By regulation the NPDR was authorized for Active Army, Army National Guard,
and Army Reserve Soldiers who were serving on or after 1 August 1981, for
completion of qualifying courses.  The regulation provides no provisions
for retroactive award of the NPDR to members who separated prior to 1
August 1981.

2.  The evidence of record confirms the applicant completed the Primary
NCO/Combat Arms course on 27 May 1977, and that he separated on 30 March
1979, prior to establishment of the NPDR, on 1 August 1981.  Therefore,
absent any regulatory provisions allowing for retroactive award of the NPDR
to members not serving in an active status on 1 August 1981 or after, there
is an insufficient evidentiary basis to support granting the requested
relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 March 1979, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 29 March 1982.  He did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE  __  __LMB __  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Lester Echols________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010829                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1979/03/30                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 6                               |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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