IN THE CASE OF:
BOARD DATE: 23 June 2009
DOCKET NUMBER: AR20090001155
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 the Korea Defense Service Medal (KDSM) and Noncommissioned Officer Professional Development Ribbon (NCOPDR) be added to the list of awards on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, he recently learned of the KDSM and also noticed that the NCOPDR was not listed on his DD Form 214.
3. The applicant provides Korea assignment orders and a DA Form 1059 (Academic Evaluation Report) 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 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's record shows he enlisted in the Regular Army and entered active duty on 13 July 1995, and was trained in and awarded military occupational specialty (MOS) 74G (Computer Repair). His DA Form 2-1 (Personnel Qualification Record) shows he completed a tour in Korea from
2 May 1996 through 17 December 1998.
3. The applicant's record contains a DA Form 1059 that confirms he attended and successfully completed the Primary Leadership Development Course (PLDC), in MOS 74G, at the United States Army I Corps NCO Academy,
Fort Lewis, Washington, from 18 February through 19 March 1999.
4. On 12 July 1970, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant, after completing 5 years of active military service. The DD Form 214 he was issued shows he earned the following awards during his active duty tenure: Army Commendation Medal, Army Achievement Medal (4th Award), National Defense Service Medal, Army Service Ribbon, Army Good Conduct Medal, Overseas Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the KDSM and states, in pertinent part, that it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea from 28 July 1954, to a date to be determined by the Secretary of Defense.
6. Chapter 5 of the awards regulation contains guidance on the award of service medals and service ribbons. Paragraph 5-6 contains guidance on the NCOPDR and states, in pertinent part, that it consists of the basic ribbon with numeral devices 2, 3, or 4, which signify satisfactory completion of the respective levels of NCO professional development courses. 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) (formally called Primary Leadership Development Course (PLDC)) for award of the basic ribbon.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected by adding the KDSM and NCOPDR was carefully considered and found to have merit.
2. By regulation, the KDSM is authorized for qualifying service in Korea from
28 July 1954 to a date to be determined, and the NCOPDR is authorized upon completion of a primary level NCO professional development course, which includes PLDC.
3. The evidence of record confirms the applicant served in Korea from 2 May 1996 through 17 December 1998, and that he successfully completed the PLDC on 19 March 1999. Therefore, he is eligible to receive the KDSM and the NCOPDR and it would be appropriate to add these awards to DD Form 214 at this time.
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 amending his DD Form 214 by adding the Korea Defense Service Medal and Noncommissioned Officer Professional Development Ribbon to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and by providing him a correction to his DD Form 214 that includes these awards.
___________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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