IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120006875
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) for the period ending 22 August 1982 to show he completed the Primary Noncommissioned Officer Course (PNCOC) and the Basic Noncommissioned Officer Course (BNCOC).
2. The applicant states the information was not listed on his DD Form 214 when he was mustered out of the service.
3. The applicant provides no additional evidence.
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 enlisted in the Regular Army on 2 August 1974 for a period of
3 years. He completed training and he was awarded military occupational specialty 13B (cannon crewman). He subsequently reenlisted on 1 April 1977 and again on 23 August 1979.
3. His record contains a DA Form 2-1 (Personnel Qualification Record - Part II), prepared on 27 January 1975 and last reviewed by the applicant on 16 July 1982. Item 17 (Civilian Education and Military Schools) shows he completed the 4-week PNCOC at the 8th Infantry Division (ID) NCO Academy in 1980.
4. His record also contains a DA Form 1059 (Service School Academic Evaluation Report), dated 31 January 1980, that shows he successfully completed PNCOC Class 80-3 at the 8th ID NCO Academy from 4 January through 1 February 1980.
5. There is no evidence of record either on his DA Form 2-1 or a DA Form 1059 and the applicant did not provide any evidence that shows he attended or completed BNCOC during his active duty service.
6. On 22 August 1982, he was honorably discharged at the expiration of his term of service. He completed 8 years and 21 days of total creditable active service. The DD Form 214 he was issued at the time shows in:
a. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), among other awards, the NCO Professional Development Ribbon (2).
b. item 14 (Military Education) no entry for completion of PNCOC or BNCOC.
7. Army Regulation 600-8-22 (Military Awards) states the NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.
a. The Primary level consist of the Primary NCO Course, Combat Arms (PNCOC), Primary Leadership Course (PLC), Primary Technical Courses (Service School-PTC), and WLC (formally called Primary Leadership Development Course (PLDC)) for award of the basic ribbon.
b. The Basic level consist 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.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 14, list resident and military school training course of 40 hours or more successfully completed during the period of service covered by the DD Form 214. The list will include the title, length in weeks, and the year completed. This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant successfully completed the 4 week PNCOC in 1980. Therefore, his DD Form 214 should be corrected to show this course.
2. The applicant's DD Form 214 for the period ending 22 August 1982 shows award of the NCO Professional Development Ribbon (2) that indicates he completed the Basic level NCO professional development course. However, there is no evidence of record and he did not provide any evidence that shows he completed BNCOC, the duration of the course, or year completed. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
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 14 of his DD Form 214 the entry "Primary Noncommissioned Officer Course, 4 weeks, 1980."
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 correction of item 14 of his DD Form 214 to show the completion of the Basic Noncommissioned Officer 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) AR20120006875
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ABCMR Record of Proceedings (cont) AR20120006875
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