IN THE CASE OF:	

		BOARD DATE:	    14 January 2014

		DOCKET NUMBER:  AR20130008308 


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:

* the Driver and Mechanic Badge with Driver Bar
* the Basic Leadership School Ribbon, i.e., the Noncommissioned Officer (NCO) Professional Development Ribbon
* the rank/grade of sergeant (SGT)/E-5

2.  The applicant states his records were not correctly annotated.  He was recommended by his squad leader in the 501st Transportation for advancement to E-5.  

3.  The applicant provides:

* DD Form 214
* DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States)
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record - Part II)
* Permanent Orders (PO) 81-7
* Promotion Standing List
* Certificate of achievement for completion of the Basic Leadership Course
* Discharge orders from the U.S. Army Reserve (USAR)


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's records show he enlisted in the Regular Army (RA) on 28 February 1979.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).  

3.  He also executed a reenlistment on 21 March 1980 and an extension of his enlistment on 13 June 1980.  Additionally, he served in Germany with the 501st Transportation Company from 15 July 1980 to 13 July 1983.  

4.  On 23 October 1980, the 189th Personnel Service Company published Orders 297-72 promoting him to specialist four (SP4)/E-4 effective 1 November 1980.

5.  On 10 September 1981, the 189th Personnel Service Company published PO 
81-7 awarding him the Driver and Mechanic Badge with Driver-W Bar.

6.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows he completed several training courses including the 13-day 53rd Transportation Battalion Leader Course.  His records also contain a certificate showing he attended this course from 10 to 22 January 1982.

7.  On 11 July 1983, Headquarters, 53rd Transportation Battalion, published PO 16-1 awarding him the Army Achievement Medal.  The orders listed his rank as SP4. 

8.  On 17 August 1983, Headquarters, U.S. Army Training Center, Fort Dix, NJ, published Orders 229-180 releasing him from active duty effective 17 August 1983.  The orders listed his rank as SP4.

9.  On 17 August 1983, he was honorably released from active duty at the expiration of his term of service and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  The 
DD Form 214 he was issued at the time shows in:

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - SP4 and E-4
* Item 12h (Effective Date of Pay Grade) - 80-11-01
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Achievement Medal

10.  He provides a Promotion Standing List, dated 23 March 1983, and his name is listed as one of many recommended for promotion to SGT/E-5.  The list has a cover memorandum signed by the battalion adjutant and states "the attainment of recommended list status is not a firm forecast for promotion.  Authority for promotion is established each month for each grade zone, and three character MOS in Department of the Army promotion point cut-off scores." 

11.  There are no orders in his record confirming he was promoted to SGT/E-5.  Additionally, item 18 (Appointments and Reductions) of his DA Form 2-1 shows the highest rank/grade he attained was SP4/E-4 on 1 November 1980. 

12.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for:

* Items 4a and 4b, enter the enlisted rank/grade at the time of the Soldier's separation
* Item 12h, enter the effective date of rank.
* Item 13, enter all awards and decorations obtained from the Soldier's records

13.  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 351–4 (U.S. Army Formal School Catalog) - [This pamphlet has been incorporated into Army Regulation 350-1 (Army Training and Leaders Development)].  Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official.

	b.  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 School—PTC), and WLC (formally known as the Primary Leadership Development Course (PLDC)) for award of the basic ribbon. 

	c.  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.  

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Driver and Mechanic Badge with Driver-W Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  With respect to the rank/grade, the available evidence shows the highest rank/grade he attained during his military service was SP4/E-4.  It appears he appeared before a promotion board and he was recommended for promotion to SGT/E-5.  However, that was a recommendation and not a firm forecast of promotion.  There is no evidence in his records that confirms he met the cut off scores for his MOS and a promotion order was published to promote him.  In the absence of a promotion instrument, such as an order, there is no basis for granting this portion of his request.

3.  In order to be awarded the NCO Professional Development Ribbon, which was established in April 1981, the applicant would have had to have completed PLDC.  He did not.  He completed a 13-day local leadership course at his battalion.  This was not a substitute for PLDC.  There is insufficient evidence to show he meets the eligibility for award of the NCO Professional Development Ribbon.  Therefore, there is no 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 13 of his DD Form 214 the Driver and Mechanic Badge with Driver-W Bar.

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 his rank/grade of SGT/E-5 and award of the NCO Professional Development Ribbon.



      __________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)                                         AR20130008308



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ABCMR Record of Proceedings (cont)                                         AR20130008308



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