MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 August 2000
	DOCKET NUMBER:   AR1999034454

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

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that a Department of the Army (DA) Form 4991-R (Declination of Continued Service Statement-DCSS) he completed on 
19 November 1998 and all related paperwork be removed from his Official Military Personnel File (OMPF). 

APPLICANT STATES:  In effect, that his request to withdraw his DCSS was approved by the Army Personnel Command (PERSCOM) in a memorandum, dated 25 March 1999, so there is no longer a valid reason to keep the DCSS and the related paperwork on file in his OMPF.  

EVIDENCE OF RECORD:  The applicant's military records show:

He is a Staff Sergeant/E-6 currently serving on active duty at Fort Lewis, Washington.  

On 19 November 1998, the applicant completed a DCSS in connection with his being processed for an overseas assignment to Japan which, under the provisions of chapter 4 of Army Regulation 601-280, required that he incur a service remaining requirement of 36 months.  

On 25 March 1999, the Chief of the Retention Management Division at PERSCOM published a memorandum which approved the applicant’s request to withdraw his DCSS.  This action provided the authority to reenlist the applicant within three months of his expiration of term of service (ETS) and indicated that the applicant should be identified as immediately available for assignment.  In addition, the memorandum contained language that directed the filing of the action in the applicant’s OMPF.  

During the processing of this case an advisory opinion was requested of and provided by the Chief of the Enlisted Records and Evaluation Center (EREC).  The Chief of the Personnel Actions Branch of EREC conducted an administrative review of the application to this Board and opined that both the documents pertaining to the applicant’s DCSS and the approved withdrawal were properly filed in the administrative portion of the OMPF in accordance with the applicable Army Regulation.  

In the advisory opinion, EREC further indicated that the documents in question were properly filed in the “General Administrative” portion of the OMPF and they would not be the subject of review by either promotion or qualitative management boards, therefore, there was no basis for removing them from the OMPF.  The applicant was provided a copy of this advisory opinion and afforded the opportunity to submit a rebuttal; however, to date he has failed to respond.

Army Regulation 600-8-104 prescribes the policy for the filing of documents in the OPMF.  Table 2-1 contains guidance on the composition of the OMPF and on the proper filing disposition and location of specific documents.  This table indicates, in pertinent part, that documents related to the approved withdrawal of a DA Form 4991-R (DCSS) will be filed in the general administrative portion of the OMPF.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s desire to have his DCSS and related paperwork removed from his OMPF, and understands his concern over these documents remaining on file in his records.  However, in the opinion of the Board, there is no evidence to suggest that the documents in question are filed in error or that their being retained in the OMPF results in some particular injustice to the applicant.  

2.  As alluded to in the EREC advisory opinion, the documents are filed in the general administrative portion of the OMPF, in accordance with the applicable regulation, and are not used by the Army in making personnel management decisions.  Therefore, the Board finds no basis for removing the documents in question from the OMPF, and further concludes that granting the applicant’s request to remove the documents in question from the OMPF would result in no effective relief.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___esc __  ___js ___  ___cmf__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999034454	
SUFFIX		
RECON		
DATE BOARDED	2000/08/03	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  199	111.0100	
2.		
3.		
4.		
5.		
6.