BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090008683 


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 Discharged from Active Duty) to show that he served in Iraq and that he was awarded the Combat Action Badge, the Army Achievement Medal, Cavalry Spurs, and any additional awards to which he is entitled that are not reflected on his DD Form 214.

2.  The applicant states that he served in Iraq and his foreign service along with his awards are not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214; two copies of Permanent Orders 080-093F awarding him the Combat Action Badge; two copies of an Order of the Combat Spur; a copy of a DA Form 638 (Recommendation for Award) for the Army Achievement Medal; and two copies of a DA Form 4187 (Personnel Action) that shows advancement to pay grade E-2 and E-3.

CONSIDERATION OF EVIDENCE:

1.  On 21 February 2007, the applicant enlisted in the Regular Army in Boston, Massachusetts, for 4 years and 17 weeks, in the pay grade of E-1.  He successfully completed his training and served as a cannon crewmember. 

2.  On 20 March 2008, Permanent Order 080-093F was published awarding the applicant the Combat Action Badge for actively engaging or being engaged by the enemy on 23 October 2007.

3.  On 6 November 2008, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14-12c(2), due to misconduct (drug abuse), with a general discharge.

4.  Item 12f (Foreign Service) on the applicant’s DD Form 214 shows that he completed no foreign service; and item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.  Item 18 (Remarks) does not show that he completed any foreign service.

5.  The applicant submits a DA Form 638 that shows he was awarded the Army Achievement Medal in Permanent Order Number 327-03, effective 24 November 2007, for exceptional meritorious service during Operation Iraqi Freedom (OIF) for the period 15 September 2007 through 31 December 2007. 

6.  The Order of the Combat Spur that he submitted shows he was entered onto the rolls of the “Order of the Combat Spur” and is authorized to wear a pair of Cavalry Spurs at all formal cavalry formations.

7.  Information obtained from officials at the Defense Finance and Accounting Service (DFAS) shows the applicant arrived in Kuwait/Iraq on 3 September 2007 and he departed on 23 December 2007.  

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, release from active service, or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 and in item 13 enter all awards and decorations for all periods of service.

9.  Army Regulation 635-5 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

10.  Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Iraq Campaign Medal must have served in direct support of OIF.  The area of eligibility encompasses all land area of the country of Iraq, and the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF. 
11.  Department of Defense Directive, dated 16 April 2008, designated four phases of OIF as qualifying for a campaign star:  Liberation of Iraq from 
19 March 2003 to 1 May 2003, Transition of Iraq from 2 May 2003 to 28 June 2004, Iraqi Governance from 29 June 2004 to 15 December 2005, and National Resolution from 16 December 2005 to a date to be determined.

12.  The Order of the Spur is a cavalry tradition within the United States Army.  Soldiers serving with cavalry units (referred to as Troopers) 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.  Traditionally, each trooper is presented spurs by their sponsor at a ceremonial dining in commonly referred to as the "Spur Dinner."  The spurs are to be worn with the military uniform during squadron or regimental ceremonies and events or as designated by the cavalry unit commander.  In some units, gold spurs are awarded for combat inductions while silver spurs represent having completed the Spur Ride.  Within the tradition, silver spurs and gold spurs hold a similar relationship for the cavalry as the Expert Infantryman Badge and the Combat Infantryman Badge hold in the Infantry. There is no military occupational specialty requirement for the Order of the Spur and the order is open to members of foreign militaries serving with U.S. cavalry units.  (Source:  Wikipedia)  

13.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation does not recognize Cavalry Spurs (shoulder sleeve insignia) as an official Department of the Army military award that is authorized to be shown on the DD Form 214.
14.  While the regulations governing the Order of the Spur are set by each cavalry commander, the practice falls under what the Army officially recognizes as a tradition.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that he served in Iraq and that he was awarded the Combat Action Badge, the Army Achievement Medal, Cavalry Spurs, and any additional awards to which he is entitled.

2.  His contentions have been considered and they have partial merit.  The available records show that he served in Kuwait/Iraq from 3 September 2007 through 23 December 2007, which is 3 Months and 21 days.  This information should be included on his DD Form 214.

3.  The available evidence also shows the applicant was awarded the Combat Action Badge in Permanent Order 080-093F and that he was awarded the Army Achievement Medal in Permanent Order 327-03.  It would be appropriate to include these awards on his DD Form 214.

4.  In accordance with the applicable regulation, the applicant is also entitled to the Iraq Campaign Medal with one bronze service star to reflect his campaign participation.

5.  The applicant was awarded Calvary Spurs; however, the regulations governing the Order of the Spur are set by each cavalry commander.  They do not appear in the Army Regulation 600-8-22.  The practice falls under what the Army officially recognizes as a tradition.  Therefore, they are not authorized to be shown on the DD Form 214.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant’s records as recommended below.

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:

	a.  amending item 12f on his DD Form 214 to show he completed 
0000 year(s), 03 month(s) and 21 day(s) of foreign service;

	b.  amending item 13 on his DD Form 214 to show that he was awarded the Combat Action Badge, the Army Achievement Medal, and the Iraq Campaign Medal with one bronze service star; and 

	c.  amending 18 on his DD Form 214 to include the entry "SERVICE IN KUWAIT/IRAQ FROM 20070903-20071223."
2.  The Board further determined that 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 amending his DD Form 214 to show that he was awarded Cavalry Spurs.  



      _______ _   __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)                                         AR20090008683



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ABCMR Record of Proceedings (cont)                                         AR20090008683



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