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Decision Text

ARMY | BCMR | CY2002 | 2002075730C070403
Original file (2002075730C070403.rtf) Auto-classification: Approved
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.


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