| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | ||
| Ms. Kathleen A. Newman | Member | ||
| Mr. Richard T. Dunbar | Member |
2. The applicant requests that the Declination of Continued Service Statement (DCSS), DA Form 4991-R, be removed from his Official Military Personnel File (OMPF).
3. The applicant states that he has since reenlisted and graduated from Recruiter School. He feels that the presence of the DCSS on his file has no purpose and could be a factor during promotion consideration.
4. The applicant’s military records show that he enlisted in the Regular Army on 27 February 1990 and has had continuous service since.
5. Around November 2000, the applicant came down on assignment instructions for Fort Knox, KY at which time his expiration term of service was 24 February 2002. On 9 November 2000, he was advised that he needed to extend or reenlist in order to comply with that operational commitment. On that date, he completed a DA Form 4991-R declining to acquire sufficient remaining service to satisfy the commitment. The DA Form 4991-R was forwarded for filing in his OMPF.
6. The applicant apparently later requested withdrawal of his DCSS and on 6 August 2001 his company commander recommended approval of his request. His chain of command recommended approval and on 12 September 2001, the U. S. Total Army Personnel Command, Retention Management Division approved his request provided he was otherwise qualified and reenlisted to meet the service remaining requirement for assignment to recruiting duty.
7. The applicant reenlisted on 6 November 2001 and on 12 April 2002 he completed the Army Recruiter Course.
8. Army Regulation 601-280 prescribes criteria for the Army Retention Program. Paragraph 4.11 states that soldiers having 4 or more years of service for pay purposes at expiration term of service must take action to meet a service remaining requirement. Soldiers eligible but refusing to take action to satisfy a military service remaining requirement will be denied further service through the DA Form 4991-R.
9. Army Regulation 600-8-104 prescribes policies for the Military Personnel Information Management/Records Program of the Military Personnel System. Table 2-1 states that the DA Form 4991-R will be filed in the General Administrative section of the service fiche on a soldier’s OMPF.
CONCLUSIONS:
1. There is no Government error in this case. The DA Form 4991-R is technically correctly filed. The applicant signed it; the regulation requires that a signed DA Form 4991-R be filed in the General Administrative portion of the soldier’s OMPF. Soldiers eligible but refusing to take action to satisfy a military service remaining requirement will be denied further service through the DA Form 4991-R.
2. However, the applicant was later allowed to reenlist and completed the Army Recruiting Course upon which his reenlistment was contingent. The DA Form 4991-R therefore did not deny him further service. The evidence shows the applicant was allowed to reenlist for a legitimate reason; therefore, since the intent behind the DCSS was not met it would be equitable to remove it from his OMPF.
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 the DA Form 4991-R dated 9 November 2000 from the applicant’s OMPF.
BOARD VOTE:
__INW__ __KAN__ __RTD___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Irene N. Wheelwright ___
CHAIRPERSON
| CASE ID | AR2002072618 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/06/27 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 134.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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