RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 February 2005
      DOCKET NUMBER:  AR2004105701


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Maribeth Love                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that a DA Form 4991-R (Declination
of Continued Service Statement) and a DD Form 214 (Certificate of Release
or Discharge from Active Duty) issued for the period of service 17 August
1995 to 17 January 2002 be removed from his Official Military Personnel
File (OMPF).

2.  The applicant states that these documents are incorrect and that he has
never had a break in service.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  On 17 August 1995, the applicant enlisted in the Regular Army (RA) for
3 years.  He completed the training requirements and he was awarded
military occupational specialty (MOS) 12B (Combat Engineer).  On 18
February 1997, he extended his enlistment obligation for 12 months for
assignment to Fort Bragg, North Carolina.

2.  On 21 January 1999, the applicant was honorably separated for immediate
reenlistment.  On 22 January 1999, he reenlisted in the RA for 3 years, his
prior MOS and in pay grade E-4.  He had an expiration term of service (ETS)
date of 21 January 2002.

3.  In 2000, the applicant was notified that he had been selected for an
assignment as a recruiter in the US Army Recruiting Command (USAREC).  He
was informed that, in order to complete the assignment, he required 36
months remaining to ETS and would have to extend  his 3-year enlistment of
22 January 1999.  The applicant signed DA Form 4991-R on 15 August 2000
indicating that he would not extend his enlistment in order to fulfill the
USAREC assignment.

4.  The applicant apparently changed his mind about extending his ETS date
because, on 6 November 2001, he reenlisted for 4 years subject to "the
needs of the Army."

5.  On 8 November 2001, Orders 312-0305, Headquarters, XVIII Airborne Corps
and Fort Bragg were published reassigning the applicant to the US Army
Transition Center, Fort Bragg as of 3 January 2002 for release from active
duty on 17 January 2002.

6.  On 17 January 2002, a DD Form 214 was completed releasing the applicant
from active duty upon completion of required active service.  The applicant
did not sign the DD Form 214.

7.  The applicant's OMPF contains a copy of the subject DD Form 214, a copy
of the subject DA Form 4991-R, dated 15 August 2000, and a copy of Orders
312-0305, dated 8 November 2001.

8.  Leave and Earning Statements (LES's) that are available for the period
from 1-31 December 2001 to 1-31 March 2002 show the applicant received full
pay and that he did not have a break in service.

9.  The applicant's record contains a copy of a diploma, which shows he
attended the Army Recruiter Course at Fort Jackson, South Carolina from 5
February 2002 to 22 March 2002.  On 20 May 2002, he was assigned to the
United States Army Mid-Atlantic Recruiting Battalion, New Jersey.  On 1
June 2002, he was promoted to staff sergeant.

10.  The available record does not contain any evidence of a waiver or
withdrawal of the applicant's Declination of Continued Service Statement.

11.  Army Regulation 601-280 (Army Retention Program) prescribes criteria
for the Army retention program and sets forth policies, command
responsibilities for immediate reenlistment or extension of enlistment of
Soldiers currently serving in the Active Army and/or enlistment/transfer
and assignment of Soldiers processing from the Active Army to the Reserve
Components of the Army.  It provides, in pertinent part, that once a
Declination of Continued Service Statement is processed, a Soldier is
barred from enlistment.  A declination statement remains in effect and only
the Commanding General, US Army Human Resources Command (HRC), Alexandria,
Virginia, may approve its withdrawal.

12.  AR 600-8-104 (Military Personnel Information Management/ Records)
provides that the Declination of Continued Service Statement will be
removed upon an individual being separated from service or upon an approved
withdrawal of the statement.

13.  Army Regulation 635-5 provides the policy and guidance for the
issuance of a DD Form 214.  Prior to 1978, a DD Form 214 was issued at the
completion of each period of active service, i.e. at the end of each period
of enlistment.  Since that time, a single, consolidated DD Form 214 is
prepared covering the entire period of active duty, no matter how many
reenlistments the report covers.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant was not inclined to accept an assignment
as an Army recruiter when so ordered.  He voluntarily submitted a DA Form
4991-R on 15 August 2000 declining continued service.  Later, it appears he
had second thoughts, accepted the assignment to USAREC, and requested
reenlistment for 4 years in order to comply with the service requirement
for that assignment.

2.  The applicant was permitted to reenlist and take the USAREC assignment,
but there is no record that the DA Form 4991-R was ever withdrawn.  The
separation order and the DD Form 214 were therefore completed and placed in
the applicant's OMPF.

3.  The applicant's records show that he never had a break in service and
that he accepted his USAREC assignment

4.  It appears the applicant's chain of command did not properly handle the
declination of service issue and permitted him to reenlist without approval
from the Commanding General, HRC-Alexandria.

5.  The applicant did in fact reenlist, accepted assignment to USAREC, and
is serving today as a recruiter.  It would be appropriate to withdraw the
DA Form 4991-R, dated 15 August 2000, rescind the separation order issued
on 8 November 2001, and void the applicant's DD Form 214 issued on
17 January 2002.

BOARD VOTE

__tdh___  __ji____  __ml____  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:

      a.  Withdrawing the Declination of Continued Service Statement, dated
15 August 2000, and removing the DA Form 4991-R from his OMPF;

      b.  Removing the separation order (Orders 312-0305, dated 8 November
2001) from his OMPF and revoking it; and

      c.  Removing the DD Form 214 issued for the period from 17 August
1995 to 17 January 2002 from his OMPF and voiding it and all copies of it.



                 Thomas D. Howard, Jr.
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105701                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050217                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0600                                |
|2.                      |102.0600                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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