IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100019027
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 removal of the Meritorious Service Medal (MSM) Certificate bearing Permanent Orders 169-01, dated 17 June 2008, issued by Headquarters, U.S. Army JFK Special Warfare Center and School, Fort Bragg, NC and Orders 204-01, issued by the same headquarters, dated 22 Jul 2008 revoking the MSM be removed from his Official Military Personnel File (OMPF) and Enlisted Record Brief (ERB).
2. The applicant states he was never presented or received the MSM from the U.S. Army Security Assistance Training and Management Organization (USA-SATMO) but the certificate and revocation orders are both filed in his OMPF and on his ERB. He was not expecting to receive an award because he did not complete his tour in Kuwait. He contends that because he was never notified of the award or why it was revoked it should be removed because it was not his error.
3. The applicant provides a copy of his ERB, dated 22 March 2010; MSM certificate, dated 17 June 2008; and Orders 204-01, dated 22 July 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a sergeant first class (SFC)/E-7 serving on active duty in the Regular Army (RA).
2. Permanent Orders 169-01, dated 17 June 2008, awarded the applicant the MSM for exceptionally meritorious service during the period from 19 November 2006 to 19 November 2008 while serving in Kuwait.
3. Orders 204-01, dated 22 July 2008, revoked the MSM awarded on 17 June 2008.
4. A review of his records did not show a different award recommendation or approved award for the same period of service.
5. Section VIII (Awards and Decorations) of his ERB shows he was awarded an MSM.
6. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System. Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF. Table 2-1 of this regulation shows that award orders are filed in the performance portion of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have the MSM certificate and associated revocation orders removed from his OMPF and ERB was carefully considered; however, there is insufficient evidence to grant relief.
2. The evidence of record shows he was awarded the MSM for service in Kuwait, which was subsequently revoked. The applicant contends that the award was issued in error because he failed to complete his tour in Kuwait. There is no evidence to verify the reason for the revocation. Soldiers can and do receive awards for incomplete tours of duty when their performance justifies recommendation for such awards. It appears both documents were properly filed in accordance with applicable Army regulations.
3. There is no evidence that suggests he has or would suffer any injury or injustice as a result of the Army maintaining its records with both documents filed in his OMPF.
4. The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier. In this regard, the OMPF serves to maintain an
unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods and any corrections to other parts of the OMPF. Once placed in the OMPF, the document becomes a permanent part of that file and it will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.
5. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the MSM certificate and revocation orders filed in his military record and to satisfy his desire to have them removed from his OMPF.
6. In regard to removing the MSM from his ERB, the applicant should provide his local personnel office with a copy of the revocation orders in order to have it administratively removed from his ERB.
7. Based on the available evidence, there is no basis for granting the applicant's requested relief.
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) AR20100009089
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100019027
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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