IN THE CASE OF: 

		BOARD DATE: 18 July 2023

		DOCKET NUMBER: AR20230000211


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his race as American Indian and to 
show the Order of the Spur/Gold Spurs. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service)
*	Certificate of Birth
*	newspaper article pertaining to cavalry veterans' induction into the Order of the 
Spur

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); 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 he is Muscogee and not Caucasian.

3.  The applicant enlisted in the Regular Army on 23 April 1957. His DD Form 4 
(Enlistment Record   Armed Forces of the United States) shows in item 4 (Race) the 
entry "American Indian."

4.  The applicant's DA Form 24 (Service Record) shows in section 5 (Service Outside 
Continental United States) he served in Korea from 29 July 1958 to 21 July 1959.

5.  The applicant was released from active duty on 22 April 1960. His DD Form 214 
shows in item 7a (Race) the entry "Caucasian" and in item 26 (Decorations, Medals, 
Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the 
entry "None."
6.  The applicant provided a newspaper article pertaining to cavalry veterans' induction 
into the Order of the Spur showing he received the Gold Spurs. He also provided his 
NGB Form 22 showing he served in the Air National Guard.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant s 
contentions, the military record, and regulatory guidance were carefully considered. 

	a.  The applicant enlisted in the Regular Army on 23 April 1957. His DD Form 4 
(Enlistment Record   Armed Forces of the United States) shows in item 4 (Race) the 
entry "American Indian." The Board determined there is sufficient evidence to correct 
his DD Form 214 to show his race as American Indian.

	b.  The Orders of the Spur/Gold Spur is a Cavalry tradition within the 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. While the regulations governing the award of combat spurs are set by each cavalry 
commander (and so do not appear in the Army Regulations governing wear and 
appearance of uniforms and insignia or awards and decorations), the practice falls 
under what the Army officially recognizes as a tradition. Therefore, there is no provision 
for entering the award of combat spurs on the DD Form 214.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:xx	:xx	:xx	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 partial relief. As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by:
*	amending item 7 of his DD Form 214 to show his race as American Indian 
(Native American)
*	adding to item 26 of his DD Form 214 eh Korea Defense Service 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 the Order of the Spur. 

	 
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, 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 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.  U.S. Army Armor School Pamphlet 360-12 (Order of the Spur) states the Order of 
the Spur is a cavalry tradition within the U.S. Army. Troopers serving in cavalry units are 
inducted into the Order of the Spur after successfully completing a series of evaluations 
set by the command, culminating in the final test; the "Spur Ride" or for having served 
during combat as a member of or with a cavalry unit. Both silver and gold spurs are 
authorized for wear and should be worn with the military uniform during squadron or 
regimental ceremonies and events or as designated by the cavalry unit commander. 

3.  Army Regulation 600-8-22 (Military Awards) does not show the Order of the Spur 
and or Gold Spurs as authorized awards which should be recorded on the DD Form 
214.

4.  Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award 
to members of the Armed Forces of the United States who have served on active duty 
in support of the defense of the Republic of Korea. The period of eligibility is 28 July 
1954 to a date to be determined by the Secretary of Defense. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000211


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1