IN THE CASE OF:	  

		BOARD DATE:	        25 November 2008

		DOCKET NUMBER:  AR20080014015 


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 the Korea Defense Service Medal (KDSM) and to add in block 14 of his DD Form 214 (Military Education) the Primary Leadership Development Course (PLDC).

2.  The applicant states, in effect, that he was informed by a letter from the National Personnel Records Center in St. Louis, Missouri that he was eligible for the KDSM.   He also contends he attended PLDC in 1984.

3.  The applicant provides a copy of the letter from the National Personnel Records Center in St. Louis, Missouri, a copy of his DD Form 214, and a copy of a DA Form 1059 (Service School Academic Evaluation Report) in support of this 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 enlisted in the Regular Army on 24 March 1981 and successfully completed basic training and advanced individual training (AIT).  Upon completion of AIT, he was awarded military occupational specialty 05G (Signal Security Specialist).

3.  The applicant is requesting correction of his DD Form 214 to show he attended PLDC.  Block 13 (Decorations, Medals Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, in addition to other awards, the NCO Professional Development Ribbon (NPDR) with numeral 2 as an authorized award.

4.  Army Regulation 600-8-22 (Military Awards) shows that the NPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of the Active Army, Army National Guard, and U.S. Army Reserve for successful completion of designated NPDR courses.  The regulation states that numerals are used to identify the highest level of Noncommissioned Officers Education System.  The basic ribbon is awarded for completion of the primary level (i.e. PLDC); numeral 2 is awarded for completion of the basic level (i.e. BNCOC); numeral 3 is awarded for completion of the advanced level (i.e. ANCOC); and numeral 4 is awarded for completion of the senior level (i.e. the U.S. Army Sergeants Major Academy).

5.  Block 13 of his DD Form 214 does not show the KDSM as an authorized award.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows that he served in Korea from 7 January 1987 through 6 January 1988.

6.  Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for      60 nonconsecutive days, or meet the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

7.  The applicant provided a DA Form 1059 (Service School Academic Evaluation Report) which shows he attended PLDC from 9 August 1984 through 7 September 1984.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served a period of qualifying service for award of the KDSM, therefore, he is entitled to correction of his records to show this award.

2.  The applicant provided a DA Form 1059 which shows he completed PLDC.  Therefore, block 14 of his DD Form 214 should be amended to show 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 adding the Korea Defense Service Medal to his DD Form 214 and to add in block 14 of his DD Form 214 the Primary Leadership Development Course.



      _______ _   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)                                         AR20080014015



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