PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 June 2002
	DOCKET NUMBER:   AR2002072618

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the Declination of Continued Service Statement (DCSS), DA Form 4991-R, be removed from his Official Military Personnel File (OMPF). 

3.  The applicant states that he has since reenlisted and graduated from Recruiter School.  He feels that the presence of the DCSS on his file has no purpose and could be a factor during promotion consideration.

4.  The applicant’s military records show that he enlisted in the Regular Army on 27 February 1990 and has had continuous service since.

5.  Around November 2000, the applicant came down on assignment instructions for Fort Knox, KY at which time his expiration term of service was 24 February 2002.  On 9 November 2000, he was advised that he needed to extend or reenlist in order to comply with that operational commitment.  On that date, he completed a DA Form 4991-R declining to acquire sufficient remaining service to satisfy the commitment.  The DA Form 4991-R was forwarded for filing in his OMPF.

6.  The applicant apparently later requested withdrawal of his DCSS and on        6 August 2001 his company commander recommended approval of his request.  His chain of command recommended approval and on 12 September 2001, the U. S. Total Army Personnel Command, Retention Management Division approved his request provided he was otherwise qualified and reenlisted to meet the service remaining requirement for assignment to recruiting duty.

7.  The applicant reenlisted on 6 November 2001 and on 12 April 2002 he completed the Army Recruiter Course.  

8.  Army Regulation 601-280 prescribes criteria for the Army Retention Program. Paragraph 4.11 states that soldiers having 4 or more years of service for pay purposes at expiration term of service must take action to meet a service remaining requirement.  Soldiers eligible but refusing to take action to satisfy a military service remaining requirement will be denied further service through the DA Form 4991-R.

9.  Army Regulation 600-8-104 prescribes policies for the Military Personnel Information Management/Records Program of the Military Personnel System.  Table 2-1 states that the DA Form 4991-R will be filed in the General Administrative section of the service fiche on a soldier’s OMPF.

CONCLUSIONS:

1.  There is no Government error in this case.  The DA Form 4991-R is technically correctly filed.  The applicant signed it; the regulation requires that a signed DA Form 4991-R be filed in the General Administrative portion of the soldier’s OMPF.  Soldiers eligible but refusing to take action to satisfy a military service remaining requirement will be denied further service through the DA Form 4991-R.  

2.  However, the applicant was later allowed to reenlist and completed the Army Recruiting Course upon which his reenlistment was contingent.  The DA Form 4991-R therefore did not deny him further service.  The evidence shows the applicant was allowed to reenlist for a legitimate reason; therefore, since the intent behind the DCSS was not met it would be equitable to remove it from his OMPF.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by removing the DA Form 4991-R dated 9 November 2000 from the applicant’s OMPF.

BOARD VOTE:  

__INW__  __KAN__  __RTD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072618	
SUFFIX		
RECON		
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	134.00	
2.		
3.		
4.		
5.		
6.