IN THE CASE OF:	   

		BOARD DATE:	       23 JUNE 2009

		DOCKET NUMBER:  AR20080019387 


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 that a 21 September 2000 DA Form 4991-R (Declination of Continued Service Statement (DCSS)) be removed from his file.

2.  The applicant states, in effect, that he believes that he has been passed over for promotion due to the retention of the DCSS form in his records and that the continued presence of the DCSS form in his record will negatively impact his future promotion considerations.

3.  The applicant provides copies of a 21 September 2000 DA Form 4991-R and a 7 June 2001 memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable service in the U.S. Navy from 8 March 1994 through 7 March 1997.

2.  He enlisted in the Regular Army on 28 July 1998 and has remained on continuous active duty since that date.

3.  On 21 September 2000, the applicant submitted a DA Form 4991-R declining to accept an obligated continuation on active duty of 12 months in order to accept an assignment to Korea.

4.  A U.S. Total Army Personnel Command memorandum, dated 7 June 2001, approved the applicant's request to withdraw his DCSS and approved his request for an exception to policy allowing him to reenlist within 3 months of his normal separation date.

5.  Since his DCSS was withdrawn, the applicant is shown to have been promoted twice (to sergeant and then staff sergeant), and has reenlisted on four occasions (13 June 2001, 13 November 2002, 4 October 2004, and 15 April 2009).

6.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), paragraph 2-3, states that only those documents listed in tables 2-1 and 2-2 are authorized for filing in the official military personal file (OMPF).  Table 2-1 (Composition of the OMPF) states that both the DA Form 4991-R and the approved withdrawal of a DA Form 4991-R are to be filed in the service general administration section of the OMPF.  Documents filed in the service general administration section are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he believes that he has been passed over for promotion due to the retention of the DCSS form in his records and that the continued presence of the DCSS form in his record will negatively impact his future promotion considerations.

2.  The record does not contain and the applicant has not provided any evidence to support his contention that the DCSS had or will result in his non-selection for promotion.

3.  The applicant has served on active duty for over 8 years, reenlisted four times, and has been promoted twice since he withdrew his DCSS.  It does not appear that the continued inclusion of the DCSS form has or will impact his future retention or promotion considerations.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________XXX_____________
                 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)                                         AR20080019387



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ABCMR Record of Proceedings (cont)                                         AR20080019387



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