IN THE CASE OF: 

		BOARD DATE:	    10 January 2013

		DOCKET NUMBER:  AR20120011477 


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, reconsideration of his original request for award of the Noncommissioned Officer Professional Development Ribbon (NCOPDR).  

2.  As a new issue, in effect, he requests a second award of the Army Good Conduct Medal (AGCM) and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  He states in December 1980 when he returned with his unit from Fort Irwin, CA, from a three-month training exercise he was awarded the NCOPDR.  In November 1981, he was awarded the AGCM.  His unit was also awarded a ribbon when it was deactivated.  He swears that he is not lying about this.  He did earn the NCOPDR and AGCM. 

4.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110019900, on 19 April 2012.

2.  The applicant provides a new argument regarding his eligibility for the NCOPDR along with his new issue for a second award of the AGCM.  Therefore, his request will be considered by the Board.  

3.  The applicant's military record shows he enlisted in the Regular Army (RA) on 28 June 1978.  He completed training and was awarded military occupational specialty (MOS) 36K (Tactical Wire Operations Specialist).  He was promoted to pay grade E4 on 1 June 1980.

4.  He was honorably discharged on 12 February 1981 for the purpose of immediate reenlistment.  He reenlisted in the RA on 13 February 1981.  

5.  He accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for:

* communicating a threat to and using provoking language to his senior noncommissioned officer on 29 June 1981; punishment included reduction to pay grade E3
* absenting himself from his unit on 29 March 1982
* failing to maintain sufficient funds in his bank account on 5, 6, and 8 June 1983; willfully disobeying a lawful order on 15 June 1983; and failing to obey a lawful order on 20 June 1983; punishment included reduction to pay grade E2
* failing to report to his appointed place of duty on 29 August 1983 and failing to maintain sufficient funds in his bank account on 22, 23, and      26 June and 8 August 1983; punishment included reduction to pay grade E1

6.  There is no evidence in his record showing he attended or graduated from the Primary Leadership Development Course (PLDC) or Basic Noncommissioned Officer Course for award of the NCOPDR.  There is also no evidence he was authorized the NCOPDR. 

7.  On 5 August 1982, he was involved in a car accident and allegedly thrown from the vehicle.  He suffered head trauma, a broken rib, a compression fracture to his T9 vertebra, and abrasions.  The police and hospital reports stated he was under the influence of alcohol.  

8.  On 28 June 1982, a Physical Evaluation Board (PEB) found him unfit to perform the duties of his rank and MOS.  The PEB recommended a 10 percent disability rating and his separation with severance pay.

9.  His DD Form 214 shows he was honorably discharged in pay grade E1 on 21 March 1984, by reason of physical disability, with entitlement to severance pay.  He was credited with completing 5 years, 8 months, and 25 days of active service.  His DD Form 214 lists the AGCM and Army Service Ribbon.

10.  In March 1984, the Army Active Duty HOC Review Board determined that he did not perform satisfactorily at the highest grade held of E4.  The board directed he be separated and receive severance pay in the rank of private first class, pay grade E3.

11.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.

	b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  With regard to his request for award of the NCOPDR, the evidence of record does not confirm and he has not shown he attended and successfully completed PLDC or BNCOC.  Completion of either course is a prerequisite for the NCOPDR.  Therefore, he is not entitled to this award and its addition to his DD Form 214.

2.  With regard to his request for a second award of the AGCM:

	a.  The evidence of record shows he was awarded to the AGCM for his period of service from 28 June 1978 through 27 June 1981.  This award is already listed on his DD Form 214.  

	b.  His second award of the AGCM would have been for the period 28 June 1981 through 27 June 1984.  However, not only did he not complete the required 3 continuous years of active service (he was discharged on 21 March 1984), he also had an extensive history of NJP which resulted in his reductions to pay grades E3, E2, and finally E1.  

	c.  Therefore, he is not entitled to a second award of the AGCM or its addition to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  __X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to his request for reconsideration of his earlier request for award of the Noncommissioned Officer Professional Development Ribbon, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110019900, dated 19 April 2012.

2.  In regard to his new request for second award of an Army Good Conduct Medal and its addition to his DD Form 214, the evidence presented does not demonstrate the existence of a probable error of injustice.  Therefore, the Board determined that 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)                                         AR20120011477





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ABCMR Record of Proceedings (cont)                                         AR20120011477



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