ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 April 2019

	DOCKET NUMBER:  AR20170013830


APPLICANT REQUESTS:

* In effect correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Action Badge; North Atlantic Treaty Organization (NATO) Medal; Order of the Spur for 6th Squadron, 4th Cavalry Regiment Task Force Raider; and awards, medals, decorations/citations he is eligible or authorized

* A personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* NATO Certificate for participating with the International Security Assistance Force (ISAF), in Afghanistan
* Combat Action Badge Permanent Orders Number 143-002
* Order of the Spur
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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.  He states in his application that he would like the errors in his DD Form 214 to be corrected on Item 13 listed as (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).  At the time of his discharge 20 December 2009, awards, medals and decorations were not properly illustrated by the discharge personnel 3rd Brigade Combat Team, 1st Infantry Division.

3.  The applicant is eligible for additional awards not reflected on his DD Form 214.  As a result these awards will be added to his DD Form 214 as an administrative correction and do not require action by the Board.  The Board will only consider the issue of the Order of the Spur.

4.  He provides the following:

* Permanent Orders Number 143-002, dated 23 May 2009, which show he was awarded the Combat Action Badge
* Non-Article 5 NATO Medal for the period of 4 August 2008 to 5 August 2009, which was awarded for the ISAF Operation
* Order of the Spur from the 6th Squadron, 4th Cavalry Regiment, Task Force Raider awarded on 8 July 2009

5.  Review of the applicant's service records shows: 

	a.  The applicant enlisted the Regular Army on 20 July 2006.  He held military occupational specialty (MOS) 88M (Motor Transport Operator).

	b.  He served in Afghanistan from 4 July 2008 to 13 June 2009.  He was assigned to the 6th Squadron, 4th Cavalry Regiment, based at Fort Hood, TX.

	c.  He was honorably released from active duty on 20 December 2009.  His DD Form 214 shows he was awarded or authorized the:

* Afghanistan Campaign Medal with Campaign Star
* Army Commendation Medal with "V" Device
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Air Assault Badge

6.  By regulation, applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

7.  By regulation, the "Order of the Spur" is a cavalry tradition within the U.S. Army.  Soldiers serving with cavalry units are inducted into the Order of the Spur after successfully completing a "Spur Ride" or for having served during combat as a member of a cavalry unit.  Combat spurs is a tradition within cavalry units and they are not governed by the provisions of Army Regulation 600-8-22 (Military Awards).  Spurs are not authorized for entry on the DD Form 214.




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the service record, the Board concluded the following awards had evidence to show that the applicant had already been awarded them, but the current DD Form 214 fails to depict:  

* Combat Action Badge
* North Atlantic Treaty Organization Medal

However, the Board also concluded, based upon the documentary review of the record, that in accordance with Army Regulation 600-8-22, the following awards were not appropriate to be shown on the applicant’s DD 214:

* Order of the Spur for 6th Squadron
* 4th Cavalry Regiment Task Force Raider


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Combat Action Badge and North Atlantic Treaty Organization Medal.
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 awarding him the Order of the Spur for 6th Squadron and the 4th Cavalry Regiment Task Force Raider

	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) provides the criteria for awards and decorations.  Spurs are authorized awards. 

3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	a.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

	b.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.


ABCMR Record of Proceedings (cont)	 AR20180010031


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