RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2007
      DOCKET NUMBER:  AR20070008098


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |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, in effect, that his separation document (DD
Form 214) be corrected to reflect his rank as sergeant (SGT) vice
specialist five (SP5); and  to show his entitlement to the Combat Action
Badge (CAB) and Noncommissioned Officer Professional Development Ribbon
(NCOPDR).

2.  The applicant states, in effect, that he went to the noncommissioned
officer academy at Fort Polk, Louisiana.  He further states he served on
the Demilitarized Zone (DMZ) in Korea.

3.  The applicant provides his separation document (DD Form 214) in support
of his application.

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.  The applicant's record shows that enlisted in the Regular Army and
entered active duty on 29 March 1984.  Item 5 (Overseas Service) of the
applicant's Personnel Qualification Record (DA Form 2-1) shows he completed
a tour in Korea from 1 January 1982 through 5 January 1983.

3.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
shows he earned the following awards during his active duty tenure:  Army
Service Ribbon (ASR); National Defense Service Medal (NDSM); Army
Achievement Medal (AAM); Overseas Service Ribbon (OSR); Driver's Badge; and
Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Item 17 (Civilian and Military Schools) shows he completed the 4-week
Primary Leadership Course (PLC) at Fort Polk, Louisiana, in 1983.  His
Military Personnel Records Jacket (MPRJ) also contains a PLC Graduation
Certificate, dated 23 September 1983, which confirms he completed this PLC.


5.  Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1
shows he promoted to the rank of SP5 on 1 September 1983.  Item 18 gives no
indication that the applicant was ever promoted or laterally appointed to
the rank of SGT, and his MPRJ is void of any orders promoting or laterally
appointing him to SGT.

6.  On 22 April 1981, the applicant was honorably discharged after
completing
2 years, 11 months and 8 days of active military service.  Item 4a (Grade,
Rate or Rank) shows he held the rank of SP5 and Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows
he earned the following awards during his active duty tenure:  Army Good
Conduct Medal; NDSM; Driver's Badge; AAM; ASR; OSR; and Expert Marksmanship
Qualification Badge with Rifle Bar.  The applicant authenticated this
document with his signature on the date of his discharge.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 5-6 contains guidance on the NCOPDR.  It states, in
pertinent part, that effective 1 August 1981, all Active Army, Army
National Guard and Army Reserve Soldiers in an active status are eligible
for this award for satisfactory completion of designated NCOES or RC-NCOES
courses.  The primary level includes the Primary Leadership Course (PLC).

8.  Paragraph 8-8 of the awards regulation contains guidance on the CAB.
It states, in pertinent part, that in order to qualify for the CAB, a
member must be performing assigned duties in an area where hostile fire pay
or imminent danger pay is authorized; he/she must be personally present and
actively engaging or being engaged by the enemy, and performing
satisfactorily in accordance with the prescribed rules of engagement; and
he/she must be assigned or attached to a unit that would qualify the
Soldier for the Combat Infantryman Badge or Combat Medical Badge.  The CAB
is authorized from 18 September 2001 to a date to be determined.  The
regulation stipulates that the award is not authorized for qualifying
service in any previous conflict.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the NCOPDR was
carefully considered and found to have merit.  By regulation, effective 1
August 1981, the NCOPDR is authorized for completion of the PLC.
Therefore, it would be appropriate to add this award to his record and
separation document at this time.

2.  The applicant's request that his record and separation document be
corrected to show his rank as SGT vice SP5 was also carefully considered.
However,
Item 18 of his DA Form 2-1 confirms he was promoted to the rank of SP5 on
1 September 1983, and there are no entries indicating he was promoted or
laterally appointed to SGT.  Further, his MPRJ is void of any orders
showing he was ever promoted or laterally appointed to SGT during his
active duty tenure.

3.  The applicant's claim of entitlement to the CAB for service on the DMZ
in Korea was also carefully considered.  However, by regulation, the CAB is
not authorized for service in conflicts previous to 18 September 2001.
Therefore, even if the applicant met the basic eligibility requirements for
the CAB, it was not authorized during the period he served in Korea.
Therefore, given there are regulatory provisions prohibiting retroactive
award of the CAB, there is an insufficient evidentiary basis to support
granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS __  __CD ___  __QAS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing his entitlement to the Noncommissioned
Officer Professional Development Ribbon; and by providing his a correction
to his separation document that includes this award.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing his rank to sergeant and awarding him the Combat Action Badge.




                                  _____Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008098                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1984/03/29                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability-Severance Pay                |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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