| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: In effect, that the Department of the Army (DA) Form 4991-R, Declination of Continued Service Statement (DCSS), be removed from his Official Military Personnel File (OMPF).
APPLICANT STATES: In effect, that he reviewed his OMPF, while attending the recruiting course at Fort Benjamin Harrison, Indiana. He discovered that a 1990 DCSS had been placed in the restricted portion of his OMPF microfiche. He had been advised not to worry about it because it was on his Restricted Fiche, but somewhere along the line the DCSS has since been entered on his Service Fiche. Even though he has reenlisted five times and is nearing retirement, he is concerned that this document may yet ruin his career.
He reports that in November 1989, while stationed in Germany, there was a mix-up about his permanent change of station (PCS) orders and he did not proceed as he should have. He was told that his only option was to execute a DCSS or the Personnel Support Branch (PSB) staff would initial that he refused to sign. Approximately 2 weeks later, the Adjutant inquired as to whether the applicant desired to stay in the Army and when the applicant indicated that he did, the Adjutant stated that he would take care of the DCSS. Shortly thereafter, the Adjutant reported that it had been taken care of. The applicant was placed on "stop loss" because of the Gulf War and reenlisted upon his return from Southwest Asia.
EVIDENCE OF RECORD: The applicant's military records show:
He is currently a sergeant first class and has served on continuous active duty since 5 July 1984. He was a staff sergeant serving in Germany, on 30 April 1990, when he executed the subject DCSS. The expiration of his term of service (ETS) at that time was 28 May 1991. He reenlisted on 3 April 1991 and his DD Form 4/1, Enlistment/Reenlistment Document, states in Item 8b (Remarks) "3. NO WAIVERS."
The DCSS document, DA Form 4991-R, is currently filed in the General Administrative Data section of his OMPF.
Army Regulation 600-8-104 prescribes the policy for the filing of documents in the OPMF. Table 2-1 contains guidance on the composition of the OMPF and on the proper filing disposition and location of specific documents. This table indicates, in pertinent part, that documents related to the DCSS and to approved withdrawal of a DA Form 4991-R (DCSS) will be filed in the General Administrative Data portion of the OMPF.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board noted the applicant’s desire to have his DCSS removed from his OMPF, and understands his concern over this document remaining on file in his records. However, there is no error. The document is properly filed.
2. There is no evidence that its retention creates an injustice, and in the Board's opinion, there is no reasonable expectation that it will.
3. 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.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_MKP___ __JLP___ __MMB__ DENY APPLICATION
| CASE ID | AR2000075731 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030114 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 1021 | 100.0000 |
| 2. 398 | 134.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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