IN THE CASE OF:	  

		BOARD DATE: 	       30 July 2009

		DOCKET NUMBER:  AR20090011499 


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 removal of the DA Form 4991-R (Declination of Continued Service Statement (DCSS)), dated 1 June 2008, and any supporting documents, from his official military personnel file (OMPF).

2.  The applicant states that he had his DA Form 4991-R withdrawn and subsequently executed a reenlistment.  He adds that the governing regulation provides that a DA Form 4991-R will be removed upon the Soldier's separation from the service or upon an approved withdrawal of the statement.

3.  The applicant provides a copy of a memorandum, dated 23 October 2008, approving the withdrawal of the DCSS and a copy of his DD Form 4 (Enlistment/ Reenlistment Document), dated 31 October 2008, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army sergeant first class who initially enlisted in the Regular Army on 20 January 1999 and subsequently executed several reenlistments.  His records show that he holds military occupational specialty 13P (Multiple Launch Rocket System Operations/Fire Direction Specialist) and that he was promoted through the ranks to staff sergeant on 1 May 2003 and sergeant first class on 1 February 2007.

2.  While stationed in Hawaii, the applicant received assignment instructions for Arifjan, Kuwait, and having incurred a service-remaining requirement under the provisions of Army Regulation 601-280 (Army Retention Program) for this operational assignment, he was required to extend his enlistment or reenlist.  The applicant chose not to extend his enlistment or reenlist and executed a DA Form 4991-R on 1 June 2008 indicating the following:

I hereby acknowledge that I have been counseled by the above career counselor concerning actions required by me to satisfy a length-of-service requirement incident to an operational commitment and regarding my refusal to extend my enlistment or reenlist to comply with the commitment. 
I understand the effects my refusal will have on my Army career and on any future decisions I might make concerning reenlistment or enlistment after separation.

3.  After reviewing and discussing the above statement with the applicant and having determined that the applicant had been properly counseled and refused to take action to acquire sufficient service to comply with the operational commitment, the applicant's immediate commander authenticated this form by placing her signature in the appropriate block.  This form is filed in the performance section of his OMPF.

4.  On 23 October 2008, by memorandum, the U.S. Army Human Resources Command (USAHRC), Alexandria, VA, approved a request by the applicant to withdraw the DCSS, dated 1 June 2008, provided the applicant reenlisted in the Regular Army within a specified period of time for a minimum of 4 years.  USAHRC further directed this memorandum be placed in the applicant's local file as well as his OMPF.

5.  On 31 October 2008, the applicant executed a 4-year reenlistment in the Regular Army.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 of this regulation provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.

7.  Paragraph 2-3 of Army Regulation 600-8-104 provides for the composition of the OMPF.  It states, in pertinent part, that the OMPF consists of three sections:  (1) the performance section - used for performance, commendatory, and disciplinary data and is divided into a performance (P) section and a commendatory and disciplinary (CD) section; (2) the service section - where general information and service data are filed; this section is divided into a service computation (SC) section and a general administration (GA) section; documents will be placed in the SC and GA sections as they are received by the custodian; and (3) the restricted section - used for historical data that may normally be improper for viewing by selection boards or career managers.  Furthermore, Table 2-1 (Composition of the OMPF) of this regulation shows that the DA Form 4991-R and the approved withdrawal of the DA Form 4991-R are filed in the GA sub-section of the service section of the OMPF.  Table 6-1 (Composition of the Military Personnel Records Jacket (MPRJ)), on the other hand, states that the DA Form 4991-R will be removed from the MPRJ on separation from service or on approved withdrawal of statement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the DA Form 4991-R, dated 1 June 2008, should be removed from his OMPF.

2.  The evidence of record shows that the applicant elected not to acquire sufficient remaining service in the Army to comply with his reassignment instructions and accordingly signed a DA Form 4991-R.  He subsequently requested a withdrawal of the declination statement and executed a reenlistment in the Regular Army.  However, the approved withdrawal of the declination statement allowed the applicant to reenlist in the Army.  It did not eliminate or negate the fact that he executed this statement.  This form and the approved withdrawal memorandum are correctly filed in the service section of his OMPF.  There is neither error nor an injustice.

3.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, evaluation periods, and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

4.  In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to grant him the requested relief.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20090011499



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ABCMR Record of Proceedings (cont)                                         AR20090011499



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