IN THE CASE OF:	  

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080014016 


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, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 5 September 2008, to reflect the Joint Meritorious Unit Award, the Army Superior Unit Award, the Noncommissioned Officer (NCO) Professional Development Ribbon, the German Armed Forces Proficiency Badge (Gold), and the Ohio Basic Training Ribbon. 

2.  The applicant states, in effect, that his DD Form 214 does not reflect the two unit citations and awards to which he is entitled.  He also states that he enlisted in the Ohio Army National Guard (ARNG) and was attached to Company C, 2nd Battalion, 109th Cavalry, from September 2002 to May 2006 at which point he entered State Officer Candidate School.  He further states, in effect, that his DA Forms 1059 (Service School Academic Evaluation Report) will show he completed the courses for the awards.

3.  In support of his application, the applicant provides copies of his enlisted contract, his DA Forms 1059, his 2003, 2005, and 2008 DD Forms 214, and his Ohio ARNG release orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Ohio ARNG, in pay grade E-1, on 17 September 2002, for 8 years.  He was ordered to initial active 

duty for training (IADT) and entered active duty on 4 March 2003.  He was released from IADT on 17 July 2003 and was returned to an Ohio ARNG unit.

2.  The applicant was ordered to active duty in support of Operation Joint Guardian and entered active duty on 5 July 2004.  He served in Germany from 18 July to 16 August 2004 and in Kosovo from 16 August 2004 to 6 February 2005.  

3.  The applicant provides a copy of a DA Form 1059, dated 17 December 2005, that shows he completed the Warrior Leader Course (WLC) on that date.  The applicant noted on the form that he should have been awarded the NCO Professional Development Ribbon for completing the course.

4.  The applicant was released from active duty on 7 March 2005 and reverted back to the Ohio ARNG.  He was issued a DD Form 214 that shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the National Defense Service Medal, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal, the Armed Forces Reserve Medal with "M" Device, the Army Service Ribbon, and the NATO (North Atlantic Treaty Organization) Medal (Kosovo).

5.  The applicant's records contain a memorandum dated 25 January 2006 authorizing him award of the Humanitarian Service Medal and the Ohio Special Service Ribbon for his participation in the relief efforts of Hurricane Katrina between the period from 24 September to 13 October 2005.

6.  There is no evidence the applicant was assigned to a unit that was awarded the Joint Meritorious Unit Award or the Army Superior Unit Award, or that he was awarded the German Armed Forces Proficiency Badge (Gold) during his periods of active duty.

7.  The applicant was released from the Ohio ARNG on 1 May 2006.  He was attached to the 145th Regiment, Regional Training Institute, Columbus, Ohio, to receive training for appointment as a second lieutenant.  He was appointed in the Ohio ARNG, as a second lieutenant, on 20 December 2007.  He was ordered to active duty for training and entered active duty on 6 April 2008. 

8.  The applicant also submits a copy of a DA Form 1059 that shows he completed the Military Intelligence Basic Officer Leader Course on 5 September 2008.  

9.  The applicant was released from active duty on 5 September 2008 and transferred to an Ohio ARNG unit.  He was issued a DD Form 214 that shows in Item 13 the following awards:  the National Defense Service Medal, the Global War on Terrorism Service Medal, the Kosovo Campaign Medal, the Humanitarian Service Medal, the Army Service Ribbon, the Armed Forces Reserve Medal with "M" Device, and the NATO Medal.

10.  DOD Instruction 1348.33 (Military Awards Program) provides, in pertinent part, that the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to those which are expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any DOD activity which has received any other unit award for the same achievement or period of service.  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  Circumstances may be deemed to be extraordinary when they do not represent the typical day-to-day circumstances under which the unit normally performs, or may reasonably be expected to perform, its peacetime mission.   

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the NCO 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.

13.  The WLC, formerly known as the Primary Leadership Development Course, is the first course of study in the US Army NCO Education System.  There are abbreviated two week versions of this course that are offered to Army Reserve and ARNG Soldiers and to support rapid deployments of Active-Duty Soldiers.  Graduates are awarded the NCO Professional Development Ribbon.  

14.  Army Regulation 600-8-22, further provides that the German Armed Forces Proficiency Ribbon (Gold) is an honorary foreign badge.  

15.  The Ohio Basic Training Ribbon that the applicant has requested he be awarded and added to his DD Form 214, is not governed by Army Regulation 600-8-22 (Military Awards).  This award is made available to individuals who are serving in the ARNG.  Since this award is not governed by the applicable regulation, it is not to be shown on active duty discharge documents.

16.  Army Regulation 15-185, prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  The regulation specifies that the ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR members will review all applications that are properly before them to determine the existence of error or injustice.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered on active duty on 5 July 2004 and completed the WLC on 17 December 2005.  Graduates of the WLC are eligible for award of the NCO Professional Development Ribbon.  Therefore, it is concluded the applicant should have been awarded the NCO Professional Development Ribbon for completing the course.  He is therefore entitled to correction of his DD Form 214 to show this award.

2.  The applicant's contention that his DD Form 214, dated 5 September 2008, does not reflect the Joint Meritorious Unit Award, the Army Superior Unit Award, and the German Armed Forces Proficiency Badge (Gold), is acknowledged.  However, without evidence that the applicant was assigned to a unit that was authorized these unit awards or that he was authorized the badge, there is no basis for adding them to his DD Form 214.  There is no evidence of record and the applicant has provided no evidence to support their addition to his DD Form 214.  As the ABCMR is not an investigative body, they may deny a request, in whole or in part, when the alleged error or injustice is not adequately supported by the evidence of record and/or evidence submitted with an application.

3.  It is also noted that the applicant's request for correction to his DD Form 214 to show award of the Ohio Basic Training Ribbon cannot be acted upon by the ABCMR.  This award is not recognized as part of the Army's Awards Program and is not governed by Army Regulation 600-8-22.  Since it is not governed by the applicable regulation, this award is not shown on a discharge or release from active duty document.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  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   amending the applicant’s DD Form 214, dated 5 September 2008, Item 13, to add award of the Noncommissioned Officer Professional Development Ribbon.

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 correction to his DD Form 214 to show award of the Joint Meritorious Unit Award, the Army Superior Unit Award, the German Armed Forces Proficiency Badge (Gold), and the Ohio Basic Training Ribbon.




      _______ _   __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)                                         AR20080014016



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ABCMR Record of Proceedings (cont)                                         AR20080014016


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