IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120008097
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 award of the Noncommissioned Officer (NCO) Professional Development Ribbon.
2. The applicant states, in effect, he completed the Combat Leadership NCO Course in Vietnam in 1968.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty)
* Certificate showing completion of the Combat Leadership NCO 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's records show he was inducted into the Army of the United States on 19 October 1966 and he held military occupational specialty 12B (Combat Engineer).
3. He served in Vietnam with Headquarters and Headquarters Company, 937th Engineer Group from 9 April 1967 to 1 April 1968.
4. He completed the 2-week 4th Infantry Division Combat Leadership NCO Course at Camp Enari, Vietnam, on 9 February 1968.
5. On 18 October 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 does not show the NCO Professional Development Ribbon.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the NCO Professional Development Ribbon. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981 as announced in Department of the Army General Order 15, dated 10 October 1990. It is awarded to active Army, Army National Guard (ARNG), and USAR 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.
a. Soldiers must successfully complete one or more of the courses listed in sub-paragraph k of paragraph 5-6 which are further described in chapter 6 of Department of the Army Pamphlet 3514 (U.S. Army Formal School Catalog) - [This pamphlet has been incorporated into Army Regulation 350-1 (Army Training and Leaders Development)]. Graduates of NCO Academy courses conducted prior to 1976 for the active Army, and 1980 for reserve components, will be given credit for the Primary Level only. Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official.
b. Effective 30 March 1989, a service member will be awarded the NCO Professional Development Ribbon with the numeral which identifies the highest level of NCOES or Reserve Component (RC) NCOES successfully completed as follows: 1=Bar Ribbon Device=Primary Level; 2=Basic Level; 3=Advanced Level; and 4=Senior Level.
c. Effective 1 August 1981, all active Army, ARNG and USAR Soldiers in an active status are eligible for this award for satisfactory completion of the respective NCO Education System (NCOES) or RC NCOES courses as follows: The Primary level consist of the Primary NCO Course, Combat Arms, Primary Leadership Course (PLC), Primary Technical Courses (Service SchoolPTC), and WLC (formally known as the Primary Leadership Development Course (PLDC)) for award of the basic ribbon.
DISCUSSION AND CONCLUSIONS:
The applicant's completion of the 2-week 4th Infantry Division Combat Leadership NCO Course in Vietnam on 9 February 1968 is not in question. However, in order to qualify for this ribbon, the applicant would have had to have been in an active status on or after 1 August 1981. The regulation stipulates that Soldiers in an active status are eligible for this award. He was not in an active status on or after the date this award was created and authorized. Regretfully, he does not qualify for it.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20120008097
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ABCMR Record of Proceedings (cont) AR20120008097
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