PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           14 January 2003                  
	DOCKET NUMBER:   AR2002075730

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 a 23 July 2001 Department of the Army (DA) Form 4991-R, Declination of Continued Service Statement (DCSS), be removed from his Official Military Personnel File (OMPF).

3.  The applicant states that as an initial term soldier he should not have been required to sign the DCSS.

4.  The applicant’s military records show that he enlisted for 5 years and entered active duty on 12 November 1997 in pay grade E-3.  He completed training, progressed normally and was promoted to sergeant (E-5) on 5 October 2000.  On 23 July 2001 he was counseled that he did not meet the service remaining requirement (SRR) to undergo reclassification assignment and was required to sign a DCSS form acknowledging said counseling.

5.  Army Regulation 601-280 (Army Retention Program) states in paragraph 4-6 in discussing SRR and in paragraph 4-11 concerning DCSS that the requirements are not applicable to a soldier in the initial term of service. 

CONCLUSIONS:

1.  The DCSS was improperly used and should be expunged from the applicant's records.

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by expunging the DA Form 4991-R dated 23 July 2001 from the records of the individual concerned.
BOARD VOTE:  

_MKP___  __JLP___  __MMB  _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR2002075730	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.