IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080008004
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 the Certificate for The Meritorious Service Medal issued by Permanent Orders 215-10, 10th Mountain Division, Fort Drum, NY, dated 3 August 2007, be removed from his records.
2. The applicant states he submitted his retirement request and was awarded the Meritorious Service Medal as a retirement award. However, he withdrew his request for retirement and the award was revoked by Orders 235-03, Headquarters, 10th Mountain Division, Fort Drum, NY, dated 23 August 2007. The award is still in his records, but the revocation order is not. In effect, he fears this will adversely affect his career.
3. The applicant provides Orders 235-03, Headquarters, 10th Mountain Division, Fort Drum, NY, dated 23 August 2007; and the Certificate for The Meritorious Service Medal, dated 3 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Sergeant First Class serving on active duty with the 10th Mountain Division at Fort Drum, NY. In anticipation of his retirement, he was awarded the Meritorious Service Medal by Permanent Orders 215-10, dated 3 August 2007. When he decided not to retire, his retirement award was withdrawn and the issuing order was revoked by Orders 235-03, dated 23 August 2007.
2. A review of the applicant's Integrated Personnel Electronic Records Management (iPERMS) file shows the Certificate for The Meritorious Service Medal (Permanent Orders 215-10) is still contained in the file. There is no record of the revocation order (Order 235-03).
3. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records. It provides for the creation of a restricted portion of the iPERMS file for placement of historical data that may normally be improper for viewing by selection boards or career managers. The release of information on this fiche is controlled. It will not be released without written approval from the Commanding General, US Army Human Resources Command, Alexandria, VA; Commander, US Army Human Resources Command, St. Louis, MO; Commander, Army National Guard Personnel Center; or Headquarters, department of the Army selection board proponent. Documents on the restricted portion are those that must be permanently kept to:
a. Maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; and corrections to other parts of the OMPF;
b. Record investigation reports;
c. Record appellate action; and/or
d. Protect the interest of the Soldier and the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant's retirement Meritorious Service Medal was revoked after he withdrew his retirement request. The award order and Certificate is still in his iPERMS file; the revocation order is not.
2. In the interest of justice and equity, the applicant's records should be corrected as indicated below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xxx___ __xxx___ __xxx___ 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 moving the Certificate for The Meritorious Service Medal (Permanent Orders 215-10) and the revocation order (Orders 235-03) to the restricted portion of his iPERMS file, along with a copy of this Board's Proceedings.
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 removing the Certificate for The Meritorious Service Medal from his file.
XXX
_______________________
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) AR20080008004
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008004
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | DRB | CY2006 | 20060003324
The applicant requests, in effect, that an erroneously published Good Conduct Medal permanent orders and a revocation of these permanent orders be removed from his Official Military Personnel File (OMPF). The applicant's motive for requesting removal of the erroneously published permanent order and the revocation of these permanent orders is to clear his file to make it easier for the promotion selection board to review his files. The applicant's request for removal of Permanent Orders...
ARMY | BCMR | CY2009 | 20090000414
The applicant requests removal of a duplicate order for award of the Good Conduct Medal (2nd Award) from his Official Military Personnel File (OMPF). On 12 December 2008, Task Force Hammer, 62nd Engineer Combat Battalion (Heavy), Forward Operating Base Sharana, Afghanistan, published Permanent Order 347-001, revoking Permanent Orders 119-00237, issued by Headquarters, 10th Mountain Division, Fort Drum on 29 April 1997, that awarded the applicant the Good Conduct Medal (2nd Award) for his...
ARMY | BCMR | CY2010 | 20100020926
The applicant provides copies of the erroneous award order, the revocation order, and the correct order awarding him the Army Good Conduct Medal (3rd Award). Corrected orders were issued for the applicant's 3rd award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * removing from his OMPF Permanent Orders Number 292-1, dated 8 November 2004, awarding him the Army Good Conduct Medal (3rd...
ARMY | BCMR | CY2007 | 20070000986
The applicant's military service records contain a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 13 April 2007, that shows Item 27 (Reentry Code) of the applicants DD Form 214, with an effective date of 16 November 2006, was corrected to show RE 3. As a result, the Reentry Code will not be discussed further in this Record of Proceedings. Army Achievement Medal Certificate issued under the authority of Headquarters, 44th...
ARMY | BCMR | CY2011 | 20110008426
The applicant requests, in effect, correction of his Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) by: * removing an "interim" Meritorious Service Medal (MSM) that was awarded to him by the Commanding General (CG), U.S. Army Civil Affairs and Psychological Operations Command (Airborne) (USACAPOC(A)) for the period 27 August 2007 to 31 August 2009 * rescinding the revocation of an MSM awarded by the CG, U.S. Army Reserve...
ARMY | BCMR | CY2011 | 20110013073
IN THE CASE OF: BOARD DATE: 31 January 2012 DOCKET NUMBER: AR20110013073 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Finding: Not Guilty of desertion, a violation of Article 85, but Guilty of being absent from his unit, a violation of Article 86. c. Charge III. On 13 May 2011, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.
ARMY | BCMR | CY2009 | 20090004617
The applicant requests to have a special court-martial order moved from the performance section of his official military personnel file (OMPF) to the restricted section of his OMPF. This Army regulation also states that documents authorized for filing in the restricted section are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, and corrections to other parts of the OMPF. As a result, the...
ARMY | BCMR | CY2012 | 20120021421
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM) and Korea Defense Service Medal (KDSM). The evidence of record shows the applicant qualified for award of the ICM for his service in support of the GWOT in Kuwait and Iraq from 22 March through 5 August 2003. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2007 | 20070018942
The applicant requests, in effect, that an order awarding her the Good Conduct Medal (GCM) and its subsequent revocation order be removed from her Official Personnel Military File (OPMF). The service start date of 1 October 1996 is the date the applicant enlisted in the Regular Army and this date does not take into consideration the applicant's computed active duty service date which is 18 May 1996. The two award orders are permanent documents, which by regulatory guidance must be filed in...
ARMY | BCMR | CY2011 | 20110024066
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Two awards of the National Defense Service Medal for his service in Haiti * Two awards of the Overseas Service Ribbon for his service in Haiti * Meritorious Unit Commendation * Shoulder sleeve insignia * All other awards and/or medals that he is entitled to * His rank/grade as corporal (CPL)/E-4 vice specialist (SPC)/E-4 * His foreign service time in Haiti 2. Therefore, it...