IN THE CASE OF:
BOARD DATE: 2 December 2013
DOCKET NUMBER: AR20130007928
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 a DA Form 4991-R (Declination of Continued Service Statement (DCSS)), dated 9 December 2009, from his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.
2. The applicant states the DA Form 4991-R was rescinded on 9 July 2010 and he reenlisted on 13 July 2010 for 6 years. He states the DA Form 4991-R is obsolete and no longer applicable; thus, it should be removed from his military records.
3. The applicant provides:
* Approval of Request for Withdrawal of DCSS, dated 9 July 2010
* Enlistment/Reenlistment Packet, dated 13 July 2010
* Statement for Enlistment, dated 13 July 2010
* Assumption of Command Memorandum, dated 12 July 2010
* Enlisted Record Brief
* Request for Removal of DCSS from the interactive Personnel Electronic Records Management System (iPERMS), dated 8 April 2013
* Email from the U.S. Army Human Resources Command (HRC) denying removal of the DCSS from iPERMS, dated 9 April 2013
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he was a staff sergeant (E-6) in the Army on 9 December 2009, when he submitted a DA Form 4991-R. It was filed in the Service folder of his AMHRR in iPERMS on 28 May 2010.
3. On 9 July 2010, the applicant's commanding officer was notified that his request for withdrawal of DCSS, dated 9 December 2009, was approved provided he reenlists for the Regular Army Reenlistment Option within 7 days of the date of the notification. This notification is not filed in iPERMS.
4. The applicant provides an Enlistment/Reenlistment Document which shows he reenlisted in the Army on 13 July 2010 for 6 years. This document is not filed in iPERMS.
5. He was promoted to sergeant first class (E-7) on 1 November 2011.
6. On 8 April 2013, the applicant forwarded an email to HRC, Fort Knox, KY, requesting removal of the DA Form 4991-R from iPERMS. On 9 April 2013, an HRC official informed him that they only remove duplicate documents or documents that belong to another service member. He was instructed to contact this Board.
7. Army Regulation 600-8-104 (Army Military Human Resource Records Management), in effect at the time the DCSS was filed, provides policies and procedures for maintenance of a Soldier's personal information. Paragraph 2-4a states that once placed in the AMHRR, a document becomes a permanent part of that file. The document will not be removed or moved to another part of the file unless directed by, among other agencies, the ABCMR or the AMHRR custodian when documents have been improperly filed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The DA Form 4991-R is not improperly filed in his AMHRR and it documents what occurred at the time it was prepared. According to the applicable regulation, once placed in the AMHRR, a document becomes a permanent part of that file.
3. It is noted that the commanding officer's notification that the applicant's request for withdrawal of DCSS, dated 9 December 2009 was approved is not filed in iPERMS. Also not filed in iPERMs is a copy of the applicant's reenlistment packet, dated 13 July 2010. It is recommended that the applicant submit copies of these documents through his personnel officer to HRC for filing in iPERMS. Inclusion of these documents in iPERMS will provide a more complete record of the applicant's service.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20130007928
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ABCMR Record of Proceedings (cont) AR20130007928
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