IN THE CASE OF:
BOARD DATE: 17 January 2011
DOCKET NUMBER: AR20110022498
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 that her DA Form 4991-R (Declination of Continued Service Statement (DCSS)) be removed from her Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS).
2. She states she did not have any intentions of leaving the Army when she signed the statement. She had less than a year remaining until her Expiration Term of Service (ETS) and wanted to weigh her options for future assignments. However, she was placed on the Stop-Loss list and deployed to Iraq in February 2007.
3. She also states she was suspended from submitting any favorable personnel actions after signing the DCSS. As a result, she requested to withdraw the DA Form 4991-R shortly thereafter and her chain of command approved her request. The flagging action was lifted, and she reenlisted to continue her military service.
4. She adds that she is eligible for promotion to sergeant first class/E-7 and would not want the DCSS to be a deterrent for selection.
5. She provides a copy of the DA Form 4991-R and an approved withdrawal of the DCSS.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. She is currently serving in the Regular Army (RA) in the rank of staff sergeant/E-6.
3. Her record shows she enlisted in the RA on 1 June 2001 for a period of
3 years. She reenlisted in the RA on 4 September 2003 for an additional
4 years.
4. On 12 July 2006, she submitted a DA Form 4991-R and was counseled by the appropriate military personnel. This form shows she was assigned to a Life Cycle Unit without meeting the service remaining requirement.
5. Her record shows she reenlisted on 22 April 2007 for a period of 3 years. She reenlisted again on 7 October 2007 for an assignment to Kuwait and on
14 October 2009 to serve in Europe.
6. She submitted a copy of the approved withdrawal of the DCSS. A review of the IPERMS database shows the DA Form 4991-R is filed in the Service section of her OMPF.
7. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the OMPF, Military Personnel Records Jacket, Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of these regulation states, in pertinent part, that once a document is placed in the OMPF it becomes a permanent part of that file unless the OMPF custodian removes documents that have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows her request to withdraw the DCSS was approved by her chain of command. She reenlisted on 22 April 2007 for a period of 3 years and continues to serve in the RA.
2. In view of the facts of this case, it would be appropriate to remove the
DA Form 4991-R, dated 12 July 2006, from the applicants OMPF as it serves no useful purpose.
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 removing the DA Form 4991-R, dated 12 July 2006, from the Service section of her 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) AR20110022498
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ABCMR Record of Proceedings (cont) AR20110022498
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