IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20090002869 


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) to show award of the Army Commendation Medal (First Oak Leaf Cluster), the Noncommissioned Officer (NCO) Professional Development Ribbon with Numeral 2, and the Korea Defense Service Medal. 

2.  The applicant states, in effect, that his DD Form 214 needs to be accurate and complete.  He also states that he received the Korea Defense Service Medal in March 1990 and realized this and other requested information was not on his DD Form 214.  

3.  In support of his application, the applicant provides copies of his training completion certificates for the Primary Leadership Development Course and the Basic NCO Course (BNCOC), orders for award of the Army Commendation Medal and the Army Commendation Medal (First Oak Leaf Cluster), his BNCOC travel orders, and 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 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's military record shows he enlisted in the Regular Army in pay grade E-1 on 16 October 1979, for 3 years.  He completed basic and advanced training and was awarded military occupational specialty 95B, Military Police.  He served in Korea from 13 September 1981 to 14 September 1982.

3.  The applicant submits a copy of his completion certificate for the Primary Leadership Development Course, dated 30 August 1984.  He also submits a copy of his BNCOC completion certificate, dated 3 March 1988.

4.  The applicant further submits a copy of Permanent Orders 68-16, dated 10 April 1986, which awarded the Army Commendation Medal to him for meritorious service for the period from 12 September 1982 to 10 May 1986.  This award is not shown on his DD Form 214.

5.  The applicant also submits a copy of Permanent Orders 9-1, dated 6 February 1990, which awarded the Army Commendation Medal (First Oak Left Cluster) to him for meritorious service for the period from 18 October 1986 to 2 January 1990.  This award is not shown on his DD Form 214.

6.  The applicant served continuously through several reenlistments until his honorable separation in pay grade E-5 on 4 January 1990, for physical disability with severance pay.  

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not list the following awards:  the Army Commendation Medal (First Oak Left Cluster), the NCO Professional Development Ribbon with Numeral 2, and the Korea Defense Service Medal.

8.  Review of the applicant's records revealed he was awarded the NCO Professional Development Ribbon. 



9.  Army Regulation 600-8-22 (Military Awards) 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 the Active Army, Army National Guard, and U.S. Army Reserve for successful completion of designated NCO professional development courses.  Numeral devices of 2, 3, or 4 signify satisfactory completion of the respective levels of NCO professional development courses.  Numeral 1 equals the primary level and numeral 2 equals the basic level.

10.  Army Regulation 600-8-22 also states that the Korea Defense Service Medal 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 encompasses (1) all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (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.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Army Commendation Medal and the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service on 10 April 1986 and 6 February 1990, respectively.  These awards are not shown on his DD Form 214; therefore, it would be appropriate to add the Army Commendation Medal (First Oak Leaf Cluster) to his DD Form 214.

2.  The evidence confirms that the applicant completed the Primary Leadership Development Course and BNCOC on 30 August 1984 and 3 March 1988, respectively.  He was awarded the NCO Professional Development Ribbon; however, this award is not shown on his DD Form 214.  Based on his completion of BNCOC, he is therefore entitled to award of the NCO Professional Development Ribbon with Numeral 2 and it would be appropriate to add the NCO Professional Development Ribbon with Numeral 2 to his DD Form 214.

3.  The evidence shows that the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to add this award to his record at this time.

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

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 to Item 13 of his DD Form 214 the Army Commendation Medal (First Oak Leaf Cluster), the NCO Professional Development Ribbon with Numeral 2, and the Korea Defense Service Medal and by providing him a corrected DD Form 214 that includes these changes.




      _______ _ 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)                                         AR20090002869



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ABCMR Record of Proceedings (cont)                                         AR20090002869



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