IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080005062 


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 his record be corrected to show all awards and badges he is entitled to.  He also requests, in effect, that his records be corrected to show all of his military education.   

2.  The applicant states, in effect, that Item 13 (Decorations, Medals, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) is incomplete.  He also states, in effect, that Item 14 (Military Education) is also incomplete.

3.  The applicant provides a copy of his DD Form 214 and a copy of his Good Conduct Medal certificate 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 show that he enlisted in the Regular Army on
22 January 1997.  He was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  The highest rank he attained while serving on active duty was Sergeant (E-5).   

3.  A DA Form 1059 (Service School Academic Evaluation Report), dated 9 July 1999, shows that the applicant attended the Primary Leadership Development Course (PLDC) from 9 June to 9 July 1999 and achieved course standards.   

4.  The DD Form 214 issued to the applicant on 21 June 2000, shows that he completed 3 years and 5 months of active duty service during the period covered by the separation document.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards:  the Army Achievement Medal, the Army Service Ribbon, the Driver and Mechanic Badge with Driver-W Bar and the Kosovo Campaign Medal.

5.  Item 14 of the applicant’s DD Form 214 does not show that he attended PLDC.

6.  Item 18, (Remarks) of the applicant's DD Form 214 shows that he was deployed to Kosovo from 28 November 1999 through 6 April 2000. 

7.  A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant’s records contain Permanent Orders 363-008, published by Detachment D, 38th Personnel Service Battalion, APO AE, dated 29 December 1999, awarded the applicant the Good Conduct Medal (1st Award) for the period from 22 January 1996 to 21 January 1999.

9.  Army Regulation (AR) 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  AR 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  The Bar Ribbon Device denotes successful completion of the primary level.

11.  Paragraph 9-11 of the awards regulation contains guidance on the NATO Medal.  It states, in pertinent part, that it was authorized for operations related to the former Republic of Yugoslavia from 14 November 1995 to a date to be determined and for operations related to Kosovo from 13 October 1998 to a date to be determined.  A bronze service star will be awarded to denote a second or subsequent award of the NATO Medal.  

12.  Army Regulation 635-5, Chapter 2-4h (14), (Separation Documents), in pertinent part, states list all formal in-service schools (full time attendance) successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to awards not listed on his DD Form 214 and that his DD Form 214 does not list all the military schools he attended has been carefully considered and found to have merit.

2.  Permanent Orders show that the applicant was awarded the Good Conduct Medal (1st Award) during the period 22 January 1996 to 21 January 1999.  However, these orders are incorrect and should be corrected to reflect 22 January 1997 to 21 January 2000.  Therefore, his records should be corrected to amend Permanent Orders 363-008 to read “…period of service: From 22 January 1997 to 21 January 2000,” and to add this award to his separation document.

3.  Evidence of record show that the applicant is authorized award of the NATO Medal.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant completed PLDC.  Therefore, his records should be corrected to show award of the Noncommissioned Officer Professional Development Ribbon.

5.  Records show the applicant completed PLDC.  Therefore, he is entitled to have his records corrected to show that he completed this course.


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:

	a.  amending Permanent Orders 363-0-08 to read “…period of service: From 22 January 1997 to 21 January 2000”;

	b.  showing in Item 13 of his DD Form 214 the already-awarded Good Conduct Medal (1st Award), the North Atlantic Treaty Organization Medal, and the Noncommissioned Officer Professional Development Ribbon; and

	c.  showing in Item 14 of his DD Form 214 the entry "Primary Leadership 
Development Course (PLDC), 5 Weeks, July 1999."



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20080005062



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ABCMR Record of Proceedings (cont)                                         AR20080005062



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