Can you be forced to sign a Declination of Service statement if you have no administrative/judicial punishment pending?

2019-04-16T21:27:22-04:00

My friend is PCSing in June and was recently told that if he does not reenlist or extend, that he would be given an automatic DEC statement. He is on his second contract, ETS's in June of 2020, has no negative action pending. Can anyone provide an AR on how or why this would be automatically applied to him, and if he would be "forced" to sign one?

Response by SGM Private RallyPoint Member made Apr 16 at 2019 10:02 PM

2019-04-16T22:02:37-04:00

Yep. AR 601–280.
If a Soldier comes down on PCS orders and is unwilling to extend/reenlist for the SRR for the PCS, they will stay where they are and ETS without the option to extend, reenlist, promote, PCS, etc.
He can stay there, get out in June of 2020, and come back in 93 days later.
It doesn't really matter if he signs or refuses to sign the statement or the counseling, it ends the same for him.
It's best to read up on these things.
https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r601_280.pdf

r601_280.pdf

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Response by SFC Ralph E Kelley made Apr 16 at 2019 10:02 PM

2019-04-16T22:02:48-04:00

NO - No one can 'make you' sign one - But the exception in part B below does apply.
Request to speak with your CO first BUT...
See JAG if someone threatens you about it - AR 601-280
You can't get an article 15 or courtsmarhal for refusing either.
If someone tries to make you, then you could also write your home US District's Federal Representative.
And can also write your home state's District Representative and your home state Governor.
Rules for a DCSS - It's not a dec these are the rules concerning it's use.
Keep seeing posts where people are telling others to go sign a DCSS or declination statement but don't even know how this works - so it's pretty simple.

A. Soldiers on assignment who have time remaining on their enlistment contract can't sign a DCSS.
B. The DCSS doesn't cancel any assignment/AIT/School because this is not used to DECLINE the assignment - what the DCSS is for is to tell the Army that the soldier will not reenlist or extend their enlistment to comply with the assignment/AIT/school which then makes them ineligible to proceed on those assignment/AIT/school orders so HRC has to cancel that and place another soldier on that assignment/AIT/school. BUT this also will adversely affect the soldier - read AR 601-280 for the facts.
C. Soldiers who are on their initial entry contract (zero prior service) of 4 or less years (some soldiers do enlist for 5 or 6 years) do not sign a DCSS but instead sign a "first termer" statement - this has zero impact on these soldiers.

Response by SFC George Smith made Apr 16 at 2019 10:07 PM

2019-04-16T22:07:38-04:00

Check with JAG or Legal Affairs

Response by SFC Private RallyPoint Member made Apr 16 at 2019 10:15 PM

2019-04-16T22:15:07-04:00

He's not being forced to. A declination statement is saying that he is declining to reenlist to meet the requirements to PCS. If he doesn't meet the time requirement to PCS, he will not receive orders to PCS, and he will not be PCSing.
If he chooses not to sign the statement that says he refuses to extend or reenlist, then his 1SG or commander will sign as the witness stating he refuses to sign.
Every branch of service uses the same process. You come on assignment, you reenlist to accept the assignment, or you decline to reenlist and get out. Your disbelief comes from the misperception that this is a punishment or negative, this is not a flag, or UCMJ. It's a statement that says you won't be reenlisting and the Army can go ahead and take you off the assignment, and you can commence to focusing on your ETS.
As for the regulations, the declination statement is covered in 601-280. Meeting SRRs is covered in 601-280, 600-8-19, 614-30 and 614-200. The length of the SRRs is covered in 614-30, 614-200, and JFTR Appendix Q.

Response by SSG Brian G. made Apr 17 at 2019 9:42 AM

2019-04-17T09:42:52-04:00

Ok, you have a LOT of misconceptions going on.

First off, a Declination is not a negative thing. It is simply a formal statement that says the SM declines what is offered. This tells the Army, that Ok, the SM is not reenlisting and they can work the next SM that meets the qualifications into that needed slot.

Second, he cannot be 'forced' to sign. The letter is presented, he signs or he does not and command makes a note of this and signs off on the letter. There is zero negative to this in any way, shape or form.

Third, this is automatic and applies to every SM that has a pending PCS close to their ETS/RE window. It simply and only allows the army to know what the SM is planning to do. Are they ETSing? If so move the SM out of the slot and allow another to assume it. Is he going to Re-enlist? If so PCS orders would commence as normal.

This does not affect the SM either negative or positive in any way.

Response by MSgt Michael Smith made Apr 17 at 2019 12:18 PM

2019-04-17T12:18:48-04:00

That's how assignments work. You have to have enough time on your contract to fulfill the assignment. For CONUS it's like 2 years, overseas short is 2 years, or long 3 years. If you refuse to get that retailability then you will not be allowed to reenlist. However, this does not apply to retirement. Retirement overrules almost everything. So you can sign for a 3 year extension, PCS, and then file retirement papers the next day if you want. But not on a deployment or contingency. I'm just talking about normal assignments.

Response by SGM Bill Frazer made Apr 17 at 2019 12:35 PM

2019-04-17T12:35:29-04:00

Look, evidently he DOES not have enough time left in service to PCS, and the Army is not willing/will not send anyone to PCS who can't fulfill the station time. It is not punishment in that sense, they are Giving him the option to re-enlist/extend to meet the PCS tour, or ETS without PCSing. The problem will come if he changes his mid before ETS because DA can say- "Didn't want our deal-bye bye Felicia!"

Response by SSG Private RallyPoint Member made Apr 18 at 2019 3:12 PM

2019-04-18T15:12:06-04:00

The army says “either you take this assignment, or get out of the army”. So in a way you kinda are being forced, that is if the Army is all you have and no jobs are lined up for you in the civilian world. This same situation happened to me last November as soon as my window opened. So I had no choice but to accept, although I hate the assignment.