IN THE CASE OF:  

		BOARD DATE: 4 November 2014

		DOCKET NUMBER:  AR20140005961 


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 ribbon he received for completion of the Primary Leadership Development Course (PLDC) 
* completion of the OH-58 Helicopter Repairer Course

2.  The applicant states his company administrative personnel may not have filed the record of his PLDC completion correctly.  He was initially trained as a helicopter mechanic in the U.S. Army Reserve (USAR).  He later was trained as a legal specialist. 

3.  The applicant provides:

* certificate showing he completed the OH-58 Helicopter Repairer Course 
* certificate showing he completed the PLDC 
* his DD Form 214 ending 1 March 1995

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 USAR on 9 December 1989.  

3.  He entered active duty for training on 8 August 1990 and was released from active duty on 14 December 1990, after he completed 4 months and 
7 days of active duty service.  His DD Form 214 shows in:

	a.  item 11 (Primary Specialty):  67V1O Observation/Scout Helicopter Repairer;

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):  Army Service Ribbon, Aircraft Crewman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar; and

	c.  Item 14 (Military Education):  Observation/Scout Helicopter Repairer Course, 9 weeks, December 1990.

4.  He enlisted in the Regular Army on 12 February 1991 and was discharged effective 1 March 1995.  His DD Form 214 for that period of service shows in:

	a.  Item 11:  71D2O Legal Specialist, 3 years 10 months; and

	b.  Item 13:  Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Aircraft Crewman Badge.

5.   His DA Form 2-1 (Personnel Qualification Record Part - II) shows in:

	a.  Item 9 (Awards, Decorations and Campaigns):  the Army Service Ribbon, National Defense Service Medal, Army Achievement Medal, Overseas Service Ribbon, Aircraft Crewman Badge, and the Army Good Conduct Medal;

	b.  Item 17 (Civilian Education and Military Schools) he completed the 9-week Observation/Scout Helicopter Repairer Course at Fort Rucker, Alabama, in 1990, and the 10-week Legal Specialist Course at Fort Benjamin Harrison, Indiana, in 1991.

6.  His record contains a DA Form 1059 (Service School Academic Evaluation Report) that shows he completed the PLDC on 27 August 1993 

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

	a.  Paragraph 5–6a.  The NCO Professional Development Ribbon (NPDR) was awarded to members of active Army, ARNG, and USAR Soldiers for successful completion of designated NCO professional development courses.

	b.  Paragraph 5-6l:  Effective 1 August 1981, all active Army, Army National Guard and Army Reserve Soldiers in an active status are eligible for this award for satisfactory completion of the respective NCOES or RC–NCOES courses as follows:  The Primary level consists of the Primary NCO Course, Combat Arms (PNCOC), Primary Leadership Course (PLC), Primary Technical Courses (Service School—PTC), and WLC (former called PLDC) for award of the basic ribbon.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states for;

	a.  Item 13:  Entries will be for all periods of service.

	b.  item 14, list in-service training courses; title, number of weeks year successfully completed during this period of service.

DISCUSSION AND CONCLUSIONS:
1.  The evidence shows he completed PLDC in August 1993.  Accordingly, he should be awarded the NCO Professional Development Ribbon and this ribbon should be added to his DD Form 214 ending 1 March 1995.

2.  He completed the Observation/Scout Helicopter Repairer Course in December 1990.  The governing regulation states military education items are listed on the DD Form 214 for that period of service.  It is appropriately listed on his DD Form 214 ending 14 December 1990, but it is not appropriate to list this training on his subsequent DD Form 214 ending 1 March 1995.

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 ending 1 March 1995 the NCO Professional Development Ribbon. 

2.  The Board further determined 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 correcting his DD Form 214 ending 
1 March 1995 to show he completed the Observation/Scout Helicopter Repairer 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)                                         AR20100026573



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ABCMR Record of Proceedings (cont)                                    AR20140005961 



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