IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20150000011
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 21 January 2014, from his Official Military Personnel File (OMPF).
2. The applicant states:
* he was able to get the DCSS revoked and he immediately reenlisted
* he does not wish to have the DCSS in his OMPF because it may hinder him from further career advancement
* the DCSS does not explain the reason why it was initiated
* he submitted the statement because it was the only option due to his personal issues and his assignment at the time
* his branch manager gave him bad information
* he would not have signed the DCSS if he had been aware of the other options available
3. The applicant provides:
* reenlistment documents
* DA Form 4991-R
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular
Army)
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army sergeant first class who initially enlisted in the Regular Army on 5 September 2002 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 sergeant first class on 1 November 2011.
2. While stationed Fort Benning, GA, he received assignment instructions for Europe, 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 21 January 2014 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 him and having determined that he 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 his signature in the appropriate block. This form is filed in the performance section of his OMPF.
4. A DA Form 3340-R, dated 26 June 2014, shows he requested to reenlist in the Regular Army and that request was approved. He immediately reenlisted for an indefinite commitment in the Regular Army.
5. Review of his OMPF failed to reveal any documentation showing the withdrawal of his DA Form 4991-R was approved.
6. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes the policies and mandated operating tasks for the Army Military Human Resource Records Management Program. It states that once placed in the OMPF, a document becomes a permanent part of that file. The document will not be removed from the OMPF or moved to another part of the OMPF unless directed by competent authority.
7. The Army Soldier Records Branch, U.S. Army Human Resources Command, maintains a list of documents required to be filed in the OMPF maintained in the integrated Personnel Electronic Records Management System. Documents that will be filed include the DA Form 4991-R and an approved withdrawal of a DA Form 4991-R.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the DA Form 4991-R, dated 21 January 2014, should be removed from his OMPF.
2. The evidence of record shows that he elected not to acquire sufficient remaining service in the Army to comply with reassignment instructions and signed a DA Form 4991-R. Based on the fact that he subsequently reenlisted, it is clear that withdrawal of the DA Form 4991-R was approved. Unfortunately, the document approving the withdrawal of the DA Form 4991-R has not been filed in his record. The absence of the approved withdrawal may be a source of confusion in the future.
3. In view of the facts of this case, it would be appropriate to remove the DA Form 4991-R from his 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 by corrected by removing the DA Form 4991-R, dated 21 January 2014, from his 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) AR20150000011
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000011
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090011499
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). 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.
ARMY | BCMR | CY2002 | 2002072618C070403
The applicant requests that the Declination of Continued Service Statement (DCSS), DA Form 4991-R, be removed from his Official Military Personnel File (OMPF). The applicant’s military records show that he enlisted in the Regular Army on 27 February 1990 and has had continuous service since. That all of the Department of the Army records related to this case be corrected by removing the DA Form 4991-R dated 9 November 2000 from the applicant’s OMPF.
ARMY | BCMR | CY2009 | 20090010977
The applicant requests, in effect, removal of a DA Form 4991-R (Declination of Continued Service Statement (DCSS)) and a duplicate Army Achievement Medal (AAM) from his Official Military Personnel File (OMPF). The applicant provides the following documents in support of his application: DA Form 4199-R, dated 24 January 2001; U.S. Total Army Personnel Command (TAPC) memorandum, subject: Request for Withdrawal of DCSS (applicant's name and social security number), dated 15 May 2001; DD Form 4...
ARMY | BCMR | CY2009 | 20090010894
The evidence shows the applicant was selected for an assignment to the Army Recruiting Command. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2005 | 20050002373C070206
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). 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. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2011 | 20110022498
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). She reenlisted on 22 April 2007 for a period of 3 years and continues to serve in the RA. 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,...
ARMY | BCMR | CY2013 | 20130010360
Between January and March 2011, there was a Military Personnel (MILPER) Message, Subject: Change to Retention Control Point (RCP) for Enlisted Soldiers Serving in the Regular Army (RA) or Under Active Guard Reserve (AGR) Title 10 Programs, briefed to all career counselors that all RCP dates were going to be effective 1 June 2011 (his ETS date was 19 June 2011). ; (3) first his unit received orders which showed he was "Authorized full separation pay" and after that the DCSS issue came up;...
ARMY | BCMR | CY2001 | 2001059923C070421
The applicant further indicated in the signed DCSS 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. The SPD code of KBK was the appropriate code to assign members separating under the provisions of chapter 4, Army Regulation 635-200, for completion of required active service. The evidence of record confirms that the applicant voluntarily requested separation after...
ARMY | BCMR | CY2008 | 20080019387
Application for correction of military records (with supporting documents provided, if any). The applicant requests that a 21 September 2000 DA Form 4991-R (Declination of Continued Service Statement (DCSS)) be removed from his file. The applicant has served on active duty for over 8 years, reenlisted four times, and has been promoted twice since he withdrew his DCSS.
ARMY | BCMR | CY2002 | 2002075731C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was a staff sergeant serving in Germany, on 30 April 1990, when he executed the subject DCSS. The Board noted the applicant’s desire to have his DCSS removed from his OMPF, and understands his concern over this document remaining on file in his records.