PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 May 2003
	DOCKET NUMBER:   AR2002081510

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert Duecaster		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 the removal of a Declination of Continued Service Statement (DA Form 4991-R) from his Official Military Personnel File (OMPF).

3.  The applicant states that the DA Form 4991-R was rescinded and he has reenlisted.  In support of his application he submits a copy of his reenlistment contract.

4.  The applicant’s military records show that he enlisted on 1 October 1993 for a period of 4 years, training as a medical specialist and enrollment in the Student Loan Repayment Program.  He has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 22 October 1998. 

5.  On 28 September 2001, the applicant signed a DA Form 4991-R in which he declined to extend or reenlist to meet the service remaining requirements to have 24 months remaining in the service in connection with a permanent change of station (PCS) to Fort Hood, Texas.  His commander authenticated the DA Form 4991-R.  

6.  For reasons not explained in the available records, the same commander approved a reenlistment of the soldier and he reenlisted on 10 July 2002 for a period of 4 years.

7.  The DA Form 4991-R is currently filed on the performance fiche of the applicant's OMPF.

8.  Army Regulation 601-280 prescribes the criteria for the Total Army Retention Program.  It provides, in pertinent part, that soldiers, other than initial termers, who will have more than 4 years of service for pay completed at the expiration of term of service (ETS), must take action to meet service remaining requirements or elect to sign a DA Form 4991-R.  Once completed, the form will be filed in the OMPF.

CONCLUSIONS:

1.  Although the applicant has not provided any explanation regarding when and how the DA Form 4991-R was rescinded, the applicant was allowed to reenlist by the same commander who verified his DA Form 4991-R.

2.  Inasmuch as the DA Form 4991-R serves as a bar to reenlistment and he has since reenlisted, the presence of the DA Form 4991-R in his OMPF serves no purpose.  Accordingly, it would be in the interest of justice to remove it at this time.

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 from the records of the individual concerned, a DA Form 4991-R dated 28 September 2001.

BOARD VOTE:  

___ra ___  ___tap __  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002081510	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  7	100.0600/bar	
2.		
3.		
4.		
5.		
6.