RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002373


      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. Joyce Wright                  |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 that his DA Form 4991-R (Declination of
Continued Service Statement [DCSS]) and any supporting documents be removed
from his Official Military Personnel File (OMPF).

2.  The applicant states that he had his DA Form 4991-R withdrawn and that
he has reenlisted twice.

3.  The applicant provides a copy of his DA Form 4991-R, dated 26 March
2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he is currently serving on active
duty in the rank of staff sergeant (SSG/E-6) with assignment to the Los
Angeles Recruiting Battalion.

2.  On 26 March 2001, the applicant was alerted for assignment to recruiter
school.  However, he failed to take the necessary action to reenlist or
extend to meet the incurred service remaining obligations under the
provisions of     chapter 4, AR 601-280 and opted to sign a DCSS.

3.  The applicant provides a copy of a memorandum from the U.S. Total Army
Personnel Command (PERSCOM), Retention Management Division, dated 31 May
2001, Subject:  Request withdrawal of DCSS.  PERSCOM approved the
applicant's request provided the applicant was otherwise qualified and
reenlists to meet the service remaining requirements for the following
assignment, recruiting command.  If he declines to reenlist for recruiting
school, the provisions of chapter 4, AR 6-1-280 would apply at separation.
If the applicant subsequently initiated action to be deleted or deferred
from the assignment, and deletion/deferment was approved, the DCSS would
remain valid and future requests for withdrawal of DCSS would not be
authorized.

4.  The request for deletion or deferment would be sent to the same office
for consideration.  PERSCOM stated that the Personnel Service Company (PSC)
would place the original correspondence in the OMPF and a copy would be
placed in the action pending portion of the Military Personnel Records
Jacket (MPRJ) until the Soldier's Permanent Change of Station (PCS) to the
above assignment.  PERSCOM concluded that approval of the withdrawal of
DCSS constitutes approval of exception to reenlist within 3 months of the
Soldier's expiration of term of service (ETS), if applicable.


5.  The applicant's OMPF shows that subsequent to his approved withdrawal
of his DCSS he reenlisted twice.  Firstly, on 5 June 2001 to meet service
remaining requirements for assignment to recruiting school and the latest
on 7 August 2004 for a Regular Army (RA) Enlistment Option, in accordance
with the needs of the Army.  His current established expiration term of
service (ETS) is 6 August 2010.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel
File, the Military Personnel Records Jacket, the Career Management
Individual File, and Army Personnel Qualification Records.  Paragraph 2-4
of this regulation states that once a document is placed in the Official
Military Personnel File it becomes a permanent part of that file and will
not be removed from that file or moved to another part of the file unless
directed by the proper authorities listed in the regulation.

7.  Table 2 of the regulation pertains to the composition of the OMPF.  It
states, in pertinent part, that the DA Form 4991-R (DCSS) will be filed on
the General Administrative Data Section of the Service fiche.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that a DCSS was prepared on 26 March 2001,
signed by the applicant and his commander, and placed in his OMPF.

2.  The evidence shows that the applicant reenlisted on 5 June 2001 to meet
the service remaining requirements for his assignment to recruiter school
and once again on 7 August 2004 for a RA reenlistment option in accordance
with the needs of the Army.  Therefore, it would be equitable and just to
remove the DA Form 4991-R (DCSS), dated 26 March 2001, from his OMPF.

3.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_CAK____  _JEA____  _TEO__  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 be corrected by expunging the DA Form 4991-R
(DCSS), dated 26 March 2001, from the OMPF of the individual concerned.




                                  __ James E. Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002373                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . ACTIVE DUTY. .                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |123                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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