IN THE CASE OF: BOARD DATE: 20 September 2023 DOCKET NUMBER: AR20230001204 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Noncommissioned Officer Professional Development Ribbon with Numeral "2." APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he completed the Primary Leadership Development Course and the Basic Noncommissioned Officer Course; as such, he is authorized the Noncommissioned Officer Professional Development Ribbon with Numeral "2." This award is currently missing from his DD Form 214. 3. A review of the applicant's service record reveals the following: a. On 5 November 1980, the applicant enlisted into the Regular Army for 3 years; upon completion of initial entry training and the award of military occupational specialty 76Y (Unit Supply Specialist), orders assigned him to Germany, and he arrived at his new unit, on 8 June 1981. b. On 31 August 1983, the applicant immediately reenlisted for 3 years. Effective 7 October 1983, the applicant's chain of command promoted him to sergeant (SGT)/E-5. On 28 July 1984, the applicant completed his tour in Germany, and orders reassigned him to Fort Campbell, KY; he arrived, on 7 August 1984. c. On 7 May 1986, the applicant's commander advised him, via memorandum, that he was initiating separation action against the applicant, citing the provisions of paragraph 14-12b (Separation for Misconduct – A Pattern of Misconduct), Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). On 13 May 1986, the separation authority approved the commander's separation action and directed the applicant's general discharge under honorable conditions; on 19 May 1986, orders separated the applicant accordingly. d. The applicant's DD Form 214 shows he completed 5 years, 5 months, and 1 day of net active duty service; in addition, the form reflected the following: (1) Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * Overseas Service Ribbon * Army Good Conduct Medal (1st Award) * Air Assault Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar (2) Item 14 (Military Education): Unit Supply Specialist Course, 8 weeks (1981). (3) Item 18 (Remarks): The applicant's continuous honorable service, from 19801105 to 19830830, is not listed. e. The applicant's available service record is void of any DA Forms 1059 (Service School Academic Evaluation Report) or DA Forms 87 (Certificate of Training) showing his successful completion of Primary Leadership Development Course and the Basic Noncommissioned Officer Course. In addition, item 17 (Civilian Education and Military Schools) on his DA Form 2-1 (Personnel Qualification Record – Part II) has no entries confirming his graduation from either of the aforementioned courses. 4. The applicant requests, in effect, to have the Noncommissioned Officer Professional Development Ribbon with Numeral "2" added to his DD Form 214. a. AR 600-8-22 (Military Awards), currently in effect, states the Noncommissioned Officer Professional Development Ribbon is awarded to Regular Army, ARNG, and USAR Soldiers for successful completion of designated noncommissioned officer professional development courses. The ribbon is initially awarded upon graduation from the primary level (i.e., Primary Leadership Development Course), and a Numeral "2" is authorized when the Soldier completes the Basic Noncommissioned Officer Course (currently identified as the Advanced Leaders Course). b. AR 15-185 (ABCMR) states the ABCMR decides cases on the evidence of record; it is not an investigative body. Additionally, the ABCMR begins its consideration of each case with the presumption of administrative regularity (i.e., the documents in an applicant’s service records are accepted as true and accurate, barring compelling evidence to the contrary). The applicant bears the burden of proving the existence of an error or injustice by presenting a preponderance of evidence, meaning there is a greater than a 50 percent chance that what an applicant’s claims is true. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, the Board determined the applicant’s record is absent any DA Forms 1059 (Service School Academic Evaluation Report) or DA Forms 87 (Certificate of Training) showing his successful completion of Primary Leadership Development Course and the Basic Noncommissioned Officer Course. The Board agreed there is insufficient evidence to warrant correction to the applicant’s DD Form 214. Therefore, relief was denied. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s service records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant successfully completed the Primary Leadership Development Course and the Basic Noncommissioned Officer Course. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): 1. AR 635-8, currently in effect, for Soldiers who have previously reenlisted without being issued a DD Form 214 and who are separated with any characterization of service less than “Honorable,” DD Form 214 preparers are to enter the following comment in item 18 (Remarks): “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment). 2. The evidence of record shows the applicant immediately reenlisted, on 31 August 1984. 3. Based on the foregoing, amend the applicant's DD Form 214, ending 19 May 1986, by adding the following comment to item 18: "CONTINUOUS HONORABLE ACTIVE SERVICE FROM 19801105 TO 19830830." REFERENCES: 1. Title 10, USC, 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 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. 2. AR 600-8-22, currently in effect, states the Noncommissioned Officer Professional Development Ribbon is awarded to Regular Army, ARNG, and USAR Soldiers for successful completion of designated noncommissioned officer professional development courses. The ribbon is initially awarded upon graduation from the primary level (i.e., Primary Leadership Development Course), and a Numeral "2" is issued when the Soldier completed the Basic Noncommissioned Officer Course. 3. AR 15-185, currently in effect, states the ABCMR decides cases on the evidence of record; it is not an investigative body. Additionally, the ABCMR begins its consideration of each case with the presumption of administrative regularity (i.e., the documents in an applicant’s service records are accepted as true and accurate, barring compelling evidence to the contrary). The applicant bears the burden of proving the existence of an error or injustice by presenting a preponderance of evidence, meaning there is a greater than a 50 percent chance that what an applicant’s claims is true. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001204 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1