BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100001181
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the appropriate level of the Noncommissioned Officer Professional Development Ribbon (NCOPDR).
2. The applicant states the ribbon was established in 1981, but it was not announced until 1990. He retired in 1981 and, although he completed the requisite educational courses, the ribbon could not be added to his DD Form 214 at that time.
3. The applicant provides:
* a 7th U.S. Army NCO Academy diploma, dated 11 August 1967
* a U.S. Army Quartermaster (QM) School diploma, dated 14 November 1974, for the Supply Advanced NCO Course (ANCOC)
* a U.S. Army Command and General Staff College (CGSC) graduation certificate, dated 8 April 1976, for the Sergeant Major/Operations Sergeant (SGM/OPS SGT) Course
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 had enlisted Regular Army (RA) service from 17 August 1961 through 1 April 1976 when he was honorably discharged in the rank of Sergeant First Class (SFC/E-7) in order to accept appointment as a Warrant Officer.
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows in Item 17 (Civilian Education and Military Schools) the following:
* 7th US Army - NCO Academy - 4 weeks - 1967
* U.S. Army QM School - ANCOC - 11 weeks - 1974
* U.S. Army CGSC - SGM/OPS SGT Course - 3 weeks - 1976
Additionally, he provides a diploma or certificate of completion for these three courses.
4. Item 13 (Decorations Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
31 August 1981 does not show award of the NCOPDR.
5. Army Regulation 600-8-22 (Military Awards) provides the NCOPDR 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 further provides that graduates of Noncommissioned Officer Academy Courses conducted prior to 1976 for the Active Army and conducted prior to 1980 for the Reserve Components (RC) will be given credit for the Primary Level only.
6. Effective 1 August 1981, all Active Army, Army National Guard and Army Reserve Soldiers in an active status became eligible for this award for satisfactory completion of the respective NCO Educational System (NCOES) or RC-NCOES courses as follows:
a. The Primary level consists 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.
b. The Basic level consists of the Basic NCO Course, Combat Arms (BNCOC), Basic Technical Courses ( Service School - BTC), and Basic NCO Course (CS/CSS-BNCOC) for award of numeral 2.
c. The Advanced level consists of the Advanced NCO Course (Service School - ANCOC) for award of numeral 3.
d. The Senior level consists of the U.S. Army Sergeants Major Academy (USASMA) for award of numeral 4.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed various levels of NCO professional development between 1967 and 1976 which qualified him for the NCOPDR, including:
* the 7th U.S. Army NCO Academy BNCOC, a numeral 2 level course
* the U.S. Army QM School ANCOC, a numeral 3 level course
2. The applicant completed a 3-week U.S. Army CGSC SGM/OPS SGT Course. By regulation, only completion of the USASMA qualifies for award of numeral 4 on the NCOPDR.
3. In view of the foregoing, the applicant's is entitled to the NCOPDR with Numeral 3 and correction of his DD Form 214 for the period ending 31 August 1981 to show this award.
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 adding to item 18 of his DD Form 214 the Noncommissioned Officer Professional Development Ribbon with Numeral 3.
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 award of the Noncommissioned Officer Professional Development Ribbon with Numeral 4 for completing the 3-week U.S. Army CGSC SGM/OPS SGT Course.
__________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) AR20100001181
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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