IN THE CASE OF:
BOARD DATE: 24 FEBRUARY 2009
DOCKET NUMBER: AR20080016663
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, award of the Noncommissioned Officer (NCO) Professional Development Ribbon (NCOPDR) with Numeral "4."
2. The applicant states that he was awarded the NCOPDR with Numeral "3" by the Army Board for Correction of Military Records in Docket Number AR20070010373, dated 3 April 2008, for completion of an advanced level professional development course in 1980. However, he wonders if he is entitled to NCOPDR with Numeral "4" based on completion of the Senior Course for Reserve Component Noncommissioned Officer in March 1981.
3. The applicant provides no documentary evidence in support of his letter, dated 1 October 2008.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior active service in the Regular Army and inactive service in the U.S. Army Reserve (USAR), the applicant was ordered to active duty on
13 November 1990 in support of Operation Desert Shield/Storm. On 8 July 1991, he was released from active duty in the rank of sergeant major.
3. The applicant's DD Form 214 for the period ending 8 July 1991 shows his date of rank for sergeant major is 13 July 1990.
4. In the applicant's previous case, it was noted that he completed the Senior Course for Reserve Component Noncommissioned Officers in March 1981.
5. Army Regulation 600-8-22 (Military Awards) 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 the Active Army, Army National Guard, and U.S. Army Reserve for successful completion of designated NCO professional development 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. Primary Leadership Development Course); numeral 2 is awarded for completion of the basic level (i.e. Basic NCO Course); numeral 3 is awarded for completion of the advanced level (i.e. Advanced NCO Course); and numeral 4 is awarded for completion of the senior level (i.e. the U.S. Army Sergeants Major Academy).
6. Army Regulation 350-1 (Army Training and Leader Development), currently in effect, does not show that the Senior Course for Reserve Component Noncommissioned Officers is equivalent to the U.S. Army Sergeants Major Course.
DISCUSSION AND CONCLUSIONS:
The applicant's contention was considered. However, there is no evidence of record, and the applicant has provided no evidence, which shows the Senior Course for Reserve Component Noncommissioned Officers is equivalent to the U.S. Army Sergeants Major Course. The current governing regulation does not show the Senior Course for Reserve Component Noncommissioned Officers is equivalent to the U.S. Army Sergeants Major Course. Therefore, there is an insufficient basis for granting his request for the NCPDR with Numeral "4."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ XXX _______ ___
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) AR20080016663
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ABCMR Record of Proceedings (cont) AR20080016663
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