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 However, he withdrew his request for retirement and the award was revoked by Orders 235-03, Headquarters, 10th Mountain Division, Fort Drum, NY, dated 23 August 2007.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 When he decided not to retire, his retirement award was withdrawn and the issuing order was revoked by Orders 235-03, dated 23 August 2007. 2.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