IN THE CASE OF: BOARD DATE: 3 February 2015 DOCKET NUMBER: AR20150000011 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 DA Form 4991-R (Declination of Continued Service Statement (DCSS)), dated 21 January 2014, from his Official Military Personnel File (OMPF). 2. The applicant states: * he was able to get the DCSS revoked and he immediately reenlisted * he does not wish to have the DCSS in his OMPF because it may hinder him from further career advancement * the DCSS does not explain the reason why it was initiated * he submitted the statement because it was the only option due to his personal issues and his assignment at the time * his branch manager gave him bad information * he would not have signed the DCSS if he had been aware of the other options available 3. The applicant provides: * reenlistment documents * DA Form 4991-R * DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army) CONSIDERATION OF EVIDENCE: 1. The applicant is a Regular Army sergeant first class who initially enlisted in the Regular Army on 5 September 2002 and subsequently executed several reenlistments. His records show that he holds military occupational specialty 13P (Multiple Launch Rocket System Operations/Fire Direction Specialist) and that he was promoted through the ranks to sergeant first class on 1 November 2011. 2. While stationed Fort Benning, GA, he received assignment instructions for Europe, and having incurred a service-remaining requirement under the provisions of Army Regulation 601-280 (Army Retention Program) for this operational assignment, he was required to extend his enlistment or reenlist. The applicant chose not to extend his enlistment or reenlist and executed a DA Form 4991-R on 21 January 2014 indicating the following: I hereby acknowledge that I have been counseled by the above career counselor concerning actions required by me to satisfy a length-of-service requirement incident to an operational commitment and regarding my refusal to extend my enlistment or reenlist to comply with the commitment. I understand the effects my refusal will have on my Army career and on any future decisions I might make concerning reenlistment or enlistment after separation. 3. After reviewing and discussing the above statement with the him and having determined that he had been properly counseled and refused to take action to acquire sufficient service to comply with the operational commitment, the applicant's immediate commander authenticated this form by placing his signature in the appropriate block. This form is filed in the performance section of his OMPF. 4. A DA Form 3340-R, dated 26 June 2014, shows he requested to reenlist in the Regular Army and that request was approved. He immediately reenlisted for an indefinite commitment in the Regular Army. 5. Review of his OMPF failed to reveal any documentation showing the withdrawal of his DA Form 4991-R was approved. 6. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies and mandated operating tasks for the Army Military Human Resource Records Management Program. It states that once placed in the OMPF, a document becomes a permanent part of that file. The document will not be removed from the OMPF or moved to another part of the OMPF unless directed by competent authority. 7. The Army Soldier Records Branch, U.S. Army Human Resources Command, maintains a list of documents required to be filed in the OMPF maintained in the integrated Personnel Electronic Records Management System. Documents that will be filed include the DA Form 4991-R and an approved withdrawal of a DA Form 4991-R. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the DA Form 4991-R, dated 21 January 2014, should be removed from his OMPF. 2. The evidence of record shows that he elected not to acquire sufficient remaining service in the Army to comply with reassignment instructions and signed a DA Form 4991-R. Based on the fact that he subsequently reenlisted, it is clear that withdrawal of the DA Form 4991-R was approved. Unfortunately, the document approving the withdrawal of the DA Form 4991-R has not been filed in his record. The absence of the approved withdrawal may be a source of confusion in the future. 3. In view of the facts of this case, it would be appropriate to remove the DA Form 4991-R from his OMPF as it serves no useful purpose. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by removing the DA Form 4991-R, dated 21 January 2014, from his OMPF. _______ _ __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) AR20150000011 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1