IN THE CASE OF:	

		BOARD DATE:	       3 MARCH 2009

		DOCKET NUMBER:  AR20090001312 


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 his DA Form 4991-R (Declination of Continued Service Statement) be removed from his Official Military Personnel File (OMPF).  

2.  The applicant states that he needs the DA Form 4991-R removed because it was "lifted" shortly after he signed it.  He was able to reenlist and has reenlisted twice since the statement was "lifted."  

3.  The applicant provides a copy of his DA Form 4991-R and his DD Form 4 (Enlistment/Reenlistment Document), dated 7 March 2008 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army in the rank of staff sergeant, E-6.  

2.  The applicant enlisted in the U.S. Army Reserve on 21 August 2000 under the Delayed Entry Program.  On 24 August 2000, he enlisted in the Regular Army for a period of three years.  He completed one station unit training (OSUT) and was awarded military occupational specialty 19K (Armor Crewman).  He served in Kuwait from August 2001 to December 2001.

3.  The applicant reenlisted on 9 January 2003 for a period of 4 years.  
4.  On 19 April 2006, the applicant signed a DA Form 1695 (Oath of Extension of Enlistment) which extended his enlistment of  9 January 2003 for a period of 3 months.  His new expiration of term of service (ETS) was 8 May 2007.

5.  On an unknown date, the applicant was placed on assignment instructions to Korea, but he did not have sufficient service remaining.  

6.  He submitted a DA Form 4991-R, dated 5 December 2006 and was counseled by the appropriate military personnel.  The DA Form 4991-R was filed in the applicant's OMPF.  

7.  The approved withdrawal of the applicant's DA Form 4991-R is not available. 

8.  The applicant reenlisted on 27 March 2007 for a period of 2 years and again on 7 March 2008 for a period of 4 years.  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), provides in Table 2-1 (Composition of the OMPF) that approved withdrawal of DA Form 4991-R are filed in the General Administration portion of the OMPF.  This regulation also provides that once filed such documents become a permanent part of the OMPF and may only be removed by one of several agencies, one of which is the Army Board for Correction of Military Records (ABCMR).

10.  Table 6-1 of Army Regulation 600 -8-104 states that DA Form 4991-R will be removed on separation from service or on approved withdrawal of statement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the DA Form 4991-R should be removed because it was "lifted" shortly after he signed the statement.

2.  In the absence of the approved withdrawal of the DA Form 4991-R, it appears that the statement was approved since the applicant reenlisted on 27 March 2007 (2 years) and again on 7 March 2008 (4 years).  

3.  Therefore, there is sufficient evidence as a basis on which to remove the DA Form 4991-R, dated 5 December 2006 from the applicant's OMPF.



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 be corrected by removing the DA Form 4991-R, dated 5 December 2006, from his OMPF.




      _______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)                                         AR20090001312





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ABCMR Record of Proceedings (cont)                                         AR20090001312



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