IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080017850
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his awards.
2. The applicant states, in effect, that in addition to the awards currently shown on his DD Form 214 he is eligible for the National Defense Service Medal and the Noncommissioned Officer (NCO) Professional Development Ribbon for the Primary Leadership Development Course (PLDC).
3. The applicant provides a copy of his DD Form 214.
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. The applicant served an active duty from 14 August 1997 to 13 November 2001 when he was separated as a sergeant at the completion of his required active service.
3. Block 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows his authorized awards as the Army Lapel Button, Army Commendation Medal, Army Achievement Medal (4th Award), Army Good Conduct Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar and the Driver and Mechanic Badge with Driver-M Bar.
4. Block 14 (Military Education) (Course title and number of weeks and month and year completed) includes "Primary Leadership Development Course,
4 Weeks, 2000."
5. Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
6. Army Regulation 600-8-22 also shows 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. It consists of the basic ribbon with numeral devices of 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses.
7. Paragraph 5-6l of the regulation states: "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 the respective NCOES or
RC-NCOES courses as follows: The Primary level consist of the Primary NCO Course, Combat Arms (PNCOC), Primary Leadership Course (PLC), Primary Technical Courses ( Service School PTC), and Warrior Leader Course (WLC) (formerly called Primary Leadership Development Course (PLDC)) for award of the basic ribbon."
8. Army Regulation 600-8-22 states that the Global War on Terrorism Service Medal (GWOTSM) is authorized for all Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that the National Defense Service Medal and the NCO Professional Development Ribbon for the PLDC should be shown on his DD Form 214.
2. He had honorable active service during the period 11 September 2001 and
13 November 2001. He is authorized award of the National Defense Service Medal.
3. The applicant's DD Form 214 shows he completed PLDC. He is authorized award of the basic NCO Professional Development Ribbon.
4. He is authorized award of the GWOTSM.
5. The above awards should be shown on his DD Form 214.
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
showing, that in addition to the awards currently listed on his DD Form 214, he is authorized the National Defense Service Medal, Global War on Terrorism Service Medal and the Noncommissioned Officer Professional Development 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.
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