IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028511 


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 Discharge from Active Duty) to show his Army Commendation Medal and combat spurs.

2.  The applicant states he was awarded the Army Commendation Medal but he never received it.  He also states his unit first sergeant hung his combat spurs in his office following his court-martial.

3.  The applicant did not provide any evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army for 3 years and 18 weeks on 30 June 2005.  He completed training and he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.

2.  He served in Kuwait/Iraq from 28 October 2006 to 15 January 2008.  He was assigned to the 1st Squadron, 7th Cavalry, 1st Cavalry Division, based at Fort Hood, TX.

3. On 8 October 2008, he was discharged from active duty with a general discharge.  He completed 3 years, 1 month, and 9 days of creditable active 

service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Iraq Campaign Medal with campaign star [one bronze service star]
* Army Service Ribbon
* Overseas Service Ribbon

4.  Section VIII (Awards and Decorations) of his Enlisted Record Brief does not show award of the Army Commendation Medal and his official military personnel file (OMPF) does not contain orders awarding him the Army Commendation Medal.

5.  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).

6.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

8.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Commendation Medal, there is no evidence in his record and he did not provide substantiating evidence that shows he was awarded the Army Commendation Medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. 

2.  In the absence of official orders, there is insufficient evidence to correct his record to show the Army Commendation Medal.  While the available evidence is insufficient for adding it to his DD Form 214, if he in fact was not awarded the Army Commendation Medal, this in no way affects the applicant's right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  With respect to the combat spurs, his record is void of any evidence and he has not provided any evidence showing he was awarded combat spurs.  In any case, although awarding and wearing of combat spurs is a tradition within cavalry units, they are not governed by the provisions of Army Regulation 600-8-22 and, as a result, are not authorized for entry on the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20100028511



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ABCMR Record of Proceedings (cont)                                         AR20100028511



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