PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 April 2003                   
	DOCKET NUMBER:   AR2003085340

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his National Guard Bureau (NGB) Form              22 (Report of Separation and Record of Service) be corrected to add the Army Reserve Component Achievement Medal (ARCAM) and the Noncommissioned Officer Professional Development Ribbon (NPDR) with numeral 2 and to show he completed the Basic Noncommissioned Officer Course (BNCOC).

3.  The applicant states he entered the Regular Army as a commissioned officer at the time the NGB Form 22 was completed.  As a result, he was unable to review it and make the necessary corrections at the transition point.

4.  The applicant’s military records show that he enlisted in the Army National Guard on 21 October 1989.

5.  The applicant provided a DA Form 1059 (Service School Academic Evaluation Report) and diploma showing he attended BNCOC – Reserve Components Phase I – Common Core for one week and completed it on             9 December 1994.

6.  The applicant was discharged from the Texas Army National Guard on         12 July 1995 for the purpose of enlistment into the Regular Army.  Item             12 (Military Education) of his NGB Form 22 shows that he completed only        the Primary Leadership Development Course – Reserve Component.  Item        15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) shows he was awarded only the National Defense Service Medal, the Army Service Ribbon, and the Texas Faithful Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) shows that the NPDR was established by the Secretary of the Army on 10 April 1981.  It is awarded to members of Active Army, Army National Guard, and US Army Reserve soldiers for successful completion of designated NCO professional development courses. The NPDR 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.  Successful completion of the Primary Leadership Development Course is required for award of the basic ribbon.  Successful completion of BNCOC is required to receive numeral 2.

8.  Army Regulation 600-8-22 shows that the ARCAM was established by the Secretary of the Army on 3 March 1971.  It is awarded for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or U. S. Army Reserve troop program unit or an individual mobilization augmentee.  Prior to the effective date of the current Army Regulation 600-8-22 (25 February 1995), an individual must have completed 4 years of qualifying service.

9.  The office of The Judge Advocate General of the Army has opined in previous cases that the Army Board for Correction of Military Records (ABCMR) is empowered to change records of the Department of the Army and has no jurisdiction to change state records of the Army National Guard.

CONCLUSIONS:

1.  The applicant served in the Army National Guard from 21 October 1989 until he was discharged on 12 July 1995.  Since he was discharged to enter the Regular Army, the Board presumes he met the regulatory criteria (i.e., exemplary behavior, efficiency, and fidelity) for award of the ARCAM for the period              21 October 1989 through 20 October 1993.  This award should be added to his NGB Form 22.

2.  The applicant completed the Primary Development Leadership Course and so is eligible to wear the basic NPDR.  This award should be added to his NGB Form 22.

3.  The applicant provides evidence to show he completed BNCOC Phase I.  However, BNCOC for Reserve Components consists of two phases.  Completion of both phases is required for award of the NPDR with numeral 2.  Therefore, there is insufficient evidence to show he is authorized to wear the NPDR with numeral 2.

4.  The applicant's NGB Form 22 should be amended, however, to show he completed the one week BNCOC Phase I course in 1994.

5.  However, since the applicant's request for correction of his NGB Form          22 pertains to service while he was a member of the Army National Guard (he was discharged from the Army National Guard of the State of Texas) not on active duty, the ABCMR has no jurisdiction to change state records.

6.  In view of the foregoing, it would be appropriate, as far as the Department of the Army is concerned, that the Adjutant General of Texas correct the applicant's records as recommended below.

RECOMMENDATION:

1.  That the applicant's NGB Form 22 be amended to add the ARCAM and the NPDR (basic) and to show he completed the one week BNCOC Phase I course in 1994.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mhm___  __clg___  __mmb__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melvin H. Meyer____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085340	
SUFFIX		
RECON		
DATE BOARDED	20030422	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	110.04	
2.		
3.		
4.		
5.		
6.