IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090010894 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 (DCSS), be removed from his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, he signed the declination statement in 2000 because he had received orders to go to recruiting duty.  Later he accepted the assignment and reenlisted to have sufficient time to accept the assignment.  He received a letter that stated that if he reenlisted for recruiting duty his declination statement would come out of his records.

3.  In support of his request, the applicant submitted a copy of the DA Form 
4991-R; a copy of a 4th endorsement from the Chief, Retention Management Division, US Total Army Personnel Command [now the US Army Human Resources Command], dated 28 April 2000, conditionally approving withdrawal of the DA Form 4991-R; and a copy of an e-mail he received from a representative of the Enlisted Records and Evaluation Center.

CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant enlisted in the Regular Army on 20 September 1993.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92A, Automated Logistical Specialist.  The applicant has remained on active duty in the Regular Army to the current day.  He is currently serving on active duty in the rank and pay grade of Sergeant First Class, E-7, in MOS 79R (Recruiter).
2.  The evidence shows the applicant was selected for an assignment to the Army Recruiting Command.  On 29 November 1999, the applicant signed a DA Form 4991-R declining the assignment and refusing to extend his enlistment or reenlisting to comply with the commitment.  The applicant acknowledged by signing the declination statement that he understood the effects his refusal would have on his Army career and on any future decision he might make concerning reenlistment or enlistment after separation.  On the date he signed the DA Form 4991-R, his expiration of term of service date was 8 February 2001.

3.  On 13 March 2000, the applicant submitted a request for the withdrawal of his DA Form 4991-R.

4.  On 28 April 2000, the Chief, Retention Management Division, conditionally approved the applicant's request for withdrawal of the DA Form 4991-R provided he was otherwise qualified.  He had reenlisted or extended to meet the service remaining requirements for and accepted an assignment to the Recruiting Command with a reporting month of September 2000.  Paragraph 4 of the correspondence stated the original correspondence would be placed in the applicant's OMPF.  A copy of the correspondence would also be placed in the applicant's Military Personnel Records Jacket (MPRJ) in the action pending portion until the Soldier made his permanent change of station to the above assignment.

5.  A DD Form 4/1 (Enlistments / Reenlistment Document - Armed Forces of the United States) on file in the applicant's OMPF shows he reenlisted for 3 years in pay grade E-5 on 12 May 2000 to meet the service remaining requirements for and to accept assignment to the Recruiting Command.

6.  The applicant’s OMPF shows he fulfilled the training requirements and was declared a graduate of the Army Recruiter Course (Common Core), US Army Soldier Support Institute Recruiting and Retention School, Fort Jackson, South Carolina, on 6 July 2000.  This course extended from 22 May through 
6 July 2000.

7.  On 17 April 2003, the applicant was awarded the Gold Recruiter Badge with Three Sapphire Achievement Stars.  This badge is authorized to be worn as a permanent part of the uniform for recruiting personnel who have served honorably during a tour of duty with the US Army Recruiting Command.

8.  The applicant's OMPF shows he fulfilled the requirements and was declared a graduate of the Station Commander Course at the US Army Soldier Support Institute Recruiting and Retention School, Fort Jackson, on 3 July 2003.  This course extended from 2 June through 3 July 2003.
9.  Orders 350-0 2 published by C Detachment, 22nd Personnel Services Battalion, Fort Lewis, Washington, on 17 December 2003, show the applicant was promoted to the rank and pay grade Staff Sergeant, E-6, with a date of rank and effective date of 1 January 2004, in MOS 79R.

10.  A DD Form 4/1 on file in the applicant's OMPF shows that he reenlisted for an indefinite period in pay grade E-6 on 20 September 2005.  Section B (Agreements), paragraph 8.b. (Remarks), of the DD Form 4/1, shows the applicant accepted a Selective Reenlistment Bonus (SRB) 3.0C in MOS 79R (which is to be paid for up to 16 years only).

11.  A DA Form 4789 (Statement of Enlistment to Selective Reenlistment Bonus) shows the applicant understood he was getting an SRB in return for his reenlistment in MOS 79R for a period of 10 years and 0 months.

12.  A DA Form 1059 (Service School Academic Evaluation Report) on file in the applicant's OMPF shows that he completed the Advanced Noncommissioned Officer Course (ANCOC) (79R) Class 002-06 at the US Army Soldier Support Institute, Fort Jackson, on 2 November 2005.  The applicant exceeded all course standards in graduating with a 96 percent grade point average and was placed on the coveted Commandant's List.  In addition, the applicant was selected for award of the Distinguished Leadership Award.

13.  The applicant's OMPF shows he fulfilled the requirements and was declared a graduate of the Guidance Counselor Operations Course, US Army Soldier Support Institute Recruiting and Retention School, Fort Jackson, on 24 March 2006.  This course extended from 27 February through 24 March 2006.

14.  Orders 26-2 published by the US Army Human Resources Command. Alexandria, Virginia, dated 26 January 2007, show the applicant was promoted to the rank and pay grade of Sergeant First Class, E-7, with a date of rank and effective date of 1 January 2007, in MOS 79R.

15.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), paragraph 2-4.a. states that once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from an OMPF or moved to another part of the OMPF unless directed by, among other agencies, the Army Board for the Correction of Military Records (ABCMR) or the OMPF custodian when documents have been improperly filed.




DISCUSSION AND CONCLUSIONS:

1.  After having signed a DA Form 4991-R, on 29 November 1999, due to personal and career considerations, the applicant decided to reenlist and accept an assignment with the Recruiting Command.  He submitted a request to have the DA Form 4991-R removed from his records.

2.  On 28 April 2000, the applicant's request for withdrawal of the DA Form 4991-R was conditionally approved by the US Army Human Resources Command.  The correspondence approving the withdrawal stated the original correspondence would be placed in the applicant's OMPF and a copy of the correspondence would also be placed in his MPRJ in the action pending portion until the Soldier made his permanent change of station to the above assignment.

3.  The evidence shows the applicant reenlisted on 12 May 2000 for 3 years to meet the service remaining requirements for and to accept assignment to the Recruiting Command.

4.  The evidence shows that since the applicant requested to have the DA Form 4991-R withdrawn, he was assigned to recruiting duty, completed the Army Recruiter Course (Common Core), the Station Commander Course, the Guidance Counselor Operations Course, and ANCOC for 79R Soldiers.  When he completed ANCOC for 79R Soldiers, he was selected for award of the Distinguished Leadership Award and he was placed on the Commandant's List with a 96 percent grade point average.  In addition, he has been awarded the Gold Recruiter Badge with Three Sapphire Achievement Stars, was promoted to the rank and pay grade of Staff Sergeant, E-6, reenlisted for an indefinite period to continue to serve in MOS 79R, accepted an SRB of 3.0C in return for his reenlistment in MOS 79R, and he has been promoted to the rank and pay grade of Sergeant First Class, E-7 in MOS 79R.

5.  Based on equity considerations and the fact that the applicant voluntarily requested withdrawal of the DA Form 4991-R, that he reenlisted for and complied with his assignment instructions to the Recruiting Command, and his many achievements as a student in MOS 79R and as a field recruiter, it would be in the interest of justice to have the DA Form 4991-R and the 28 May 2000 letter from the Chief, Retention Management Division, US Total Army Personnel Command, completely removed from his OMPF.





BOARD VOTE:

___X____  ___X___  ____X___  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 completely removing the DA Form 4991-R, and the letter from the Chief, Retention Management Division, US Army Total Personnel Command, dated 
28 May 2000, from the applicant's OMPF.



      _______ _   X_______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090010894



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ABCMR Record of Proceedings (cont)                                         AR20090010894



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