IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120021827
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Noncommissioned Officer (NCO) Professional Development Ribbon (NCOPDR).
2. The applicant states he participated in the Quartermaster NCO Career Development Program for approximately 10 years, which he contends is sufficient to justify the authorization of the NCOPDR. He contends that Army Regulation 600-8-22 (Military Awards) makes allowances for participation in career development programs prior to 1976, and his participation in the Quartermaster NCO Career Development Program over a period of approximately 10 years meets the intent of this regulation.
3. The applicant provides his DD Form 214 and a Letter of Commendation, dated 4 August 1959, in support of his request.
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 16 June 1947. He served through numerous periods of reenlistment or extension and attained the rank/grade of sergeant first class (SFC)/E-7.
3. On 30 June 1967, he was honorably retired in the rank/grade of SFC/E-7. His DD Form 214 does not indicate he was previously awarded the NCOPDR, nor does it indicate he attended and graduated any of the approved NCO Education System (NCOES) leadership courses in existence at the time he served.
4. He provides a Letter of Commendation from the Chief, Quartermaster Depot Maintenance Division, Utah General Depot, Ogden UT, dated 4 August 1959, in which he is commended for his duty performance while assigned to the Quartermaster Depot Maintenance Division. This letter further identifies his participation in the Quartermaster NCO Career Development Program.
5. Army Regulation 600-8-22 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.
a. Effective 1 August 1981, all active Army, Army National Guard and U.S. Army Reserve Soldiers in an active status are eligible for award of the NCOPDR for satisfactory completion of the respective NCOES or Reserve Component NCOES professional development courses.
b. The NCOPDR 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.
c. 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.
DISCUSSION AND CONCLUSIONS:
The applicant requests correction of his DD Form 214 to show he was awarded or authorized the NCOPDR. The evidence of record fails to show he attended and completed any of the qualifying NCO professional development courses for award of the NCOPDR. Additionally, 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 is not entitled to the requested relief.
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 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) AR20100027638
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120021827
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