MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 April 2003
         DOCKET NUMBER: AR2002080962

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Richard T. Dunbar		Member
Ms. Yolanda Maldonado		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that her enlistment contract of 20 March 2002 be amended to reflect that she was enlisted in the pay grade of E-5.

APPLICANT STATES: In effect, that she was unjustly denied enlistment in the pay grade of E-5 because of an erroneously initiated Declination of Continued Service Statement (DA Form 4991-R). She further states that the DA Form 4991-R should not have been imposed against her because it was not in accordance with Army Regulations.

COUNSEL CONTENDS: In effect, that there was no reason to execute a Declination of Continued Service Statement (DCSS) against the applicant because she had already completed 18 months of a 24 month tour when the DCSS was executed. He further states that there was no cause or action imposed by the Department of the Army that would have caused her to have to take action to extend or reenlist and that the actions were contrary to the applicable regulation.

EVIDENCE OF RECORD: The applicant's military records show:

She initially enlisted on 21 September 1994 for a period of 4 years and training as an automated logistics specialist. She successfully completed her training and was transferred to Fort Bragg, North Carolina, where she remained until being transferred to Fort Polk, Louisiana, on 12 April 1997.

On 9 December 1997, while serving in the pay grade of E-4, she reenlisted for a period of 2 years. On 28 October 1998, she extended her enlistment for a period of 18 months in order to meet the service remaining requirements for assignment.

On 17 May 1999, she was transferred to Alaska. She arrived on 16 June 1999 and was assigned to a maintenance unit at Fort Wainwright in Fairbanks, Alaska. She was serving an all others tour of 36 months. She was promoted to the pay grade of E-5 on 8 September 1999.

On 1 November 2000, a DCSS was initiated against the applicant after she was advised that she was required to take steps to extend or reenlist in order to meet the service remaining requirements of a 36-month tour in Alaska and declined to do so. She was also advised that failure to take the necessary steps would place her in a non-promotable status, would make her ineligible for separation pay, would make her ineligible to extend or reenlist, would prohibit her from reentering the Active Army for at least 93 days after her expiration of term of service (ETS) and that she would be required to receive a grade determination from the Department of the Army if approved for reentry into the Active Army.

On 8 June 2001, the applicant was honorably released from active duty (REFRAD) on her ETS. She had served 6 years, 8 months and 18 days of total active service and completed 24 months of her 36-month tour in Alaska. She was transferred to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve).

On 5 March 2002, the Total Army Personnel Command (PERSCOM) approved a grade determination request and authorized the applicant to enlist in the pay grade of E-4. The grade determination was based on the applicant's DCSS.

The applicant again enlisted in the Regular Army on 20 March 2002 in the pay grade of E-4 for a period of 3 years and assignment to Fort Campbell, Kentucky.

On 17 September 2002, the PERSCOM responded to a request from the applicant requesting that a grade determination reconsideration be made to allow her to enlist in the pay grade of E-5. The PERSCOM denied her request and informed the applicant that her DCSS and her grade determination were accomplished in accordance with applicable regulations.

Army Regulation 614-30 prescribes the tour length for overseas service. It provides, in pertinent part, that all tours in Alaska are 36 months in duration, except for Fort Greely, Adak, Clear, Galena, King Salmon and Shemya, which are 12 months.

Army Regulation 601-280 serves as the authority for imposing a DCSS. It provides, in pertinent part, that all soldiers (less initial termers) who have 4 years of service for pay on their ETS, must take action to meet service remaining requirements. A soldier who indicates a refusal to do so will be advised of the effect of the refusal. Once completed the DA Form 4991-R will be filed in the Official Military Personnel File (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 applicant was required to extend or reenlist to complete a 36-month tour in Alaska and elected not to do so. Accordingly, a DCSS was initiated against her and resulted in a self-imposed bar reenlistment.

2. While soldiers are normally required to take action to meet the service remaining requirements prior to departing for the next assignment, in many instances, career soldiers (soldiers who have reenlisted at least once) are many times afforded the opportunity to do so at the gaining station.

3. Although the facts and circumstances of her DCSS are not present in the available records, it appears that the applicant was afforded the opportunity to extend or reenlist after her arrival in Alaska. This afforded the applicant the
benefit of not having to extend or reenlist if she was assigned to a 1-year tour. However, such was not the case and she was required to take steps to have the remaining amount of service to complete a foreign service tour of 36 months or to accept a DCSS.

4. The Board has noted the applicant's contentions and finds them to be without merit. She was properly advised that failure to take steps to meet the service remaining requirements would result in her having to request a grade determination from the Department of the Army should she be approved for reentry into the Active Army.

5. The grade determination was accomplished in accordance with applicable regulations and the Board finds no error or injustice associated with the determination, when considering the facts and circumstances of the case.

6. While the applicant may now believe that she made a mistake by not completing her foreign service tour and having a DCSS initiated against her, the fact remains that she did not complete the requisite tour requirements as did others who were assigned to Alaska and she accepted the terms of enlisting in the pay grade of E-4 after a grade determination was made. Accordingly, the Board finds that she was properly enlisted under the terms of her contract, in the pay grade of E-4.

7. 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

__rtd____ __ym ___ ___jhl ___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002080962
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/04/15
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 224	112.0200/ENL GRD
2.
3.
4.
5.
6.