Posted on Apr 16, 2019
Can you be forced to sign a Declination of Service statement if you have no administrative/judicial punishment pending?
38.8K
38
30
6
6
0
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?
Re-enlistment
PCS
ETS/EAS
Fort Bragg
Posted >1 y ago
Responses: 8
19
19
0
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.
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.
(19)
(0)
SFC (Join to see)
SPC (Join to see) - Rule of thumb is that if you are in your reenlistment window, you reenlist. Reenlistment starts your time on that day, so if you reenlist two years today, your ETS is two years from today. Plus you get a bonus if you're eligible. Extension is additional months added to the end of your contract, but no bonus. You're at Dahlonega, so your friend is probably going to an Airborne assignment, meaning they would need to have three years on their contract from the day they report to the unit. They would either reenlist 3 years and extend a few months, or just reenlist 4 years. Or, if they are ready to ETS, they decline to reenlist, start SFL-TAP and plan the next phase of life.
If they are going to a non-airborne unit CONUS then it's only two years from report date, Korea is one year from report date.
If they are going to a non-airborne unit CONUS then it's only two years from report date, Korea is one year from report date.
(1)
(0)
SSG (Join to see)
Except once you sign that Decc statement you aren't eligible for seperation pay or a bonus if you decide to go guard or reserve. it is complete BS.
(0)
(0)
SFC (Join to see)
SSG (Join to see) negative, your statement is misinformed and complete BS.
You aren't eligible for separation pay unless you meet certain criteria such as separated for QMP, MEB, or RCP. You can't sign a declination statement if you're at RCP because you're not eligible to reenlist anyway. Having been the certifying official who signs off on separation pay, I can tell you that you are not eligible for separation pay unless you are not eligible to reenlist any longer.
You can absolutely receive a bonus going to the RC if you signed a declination statement. I know because I have contracted people into the RC and paid them a bonus after they signed a declination statement.
You aren't eligible for separation pay unless you meet certain criteria such as separated for QMP, MEB, or RCP. You can't sign a declination statement if you're at RCP because you're not eligible to reenlist anyway. Having been the certifying official who signs off on separation pay, I can tell you that you are not eligible for separation pay unless you are not eligible to reenlist any longer.
You can absolutely receive a bonus going to the RC if you signed a declination statement. I know because I have contracted people into the RC and paid them a bonus after they signed a declination statement.
(0)
(0)
SSG (Join to see)
SFC (Join to see) can i talk to you more about this than? This is what i was told by multiple 79S.
(0)
(0)
2
2
0
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!"
(2)
(0)
1
1
0
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.
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.
(1)
(0)
SSG (Join to see)
SSG Brian G. Maybe i should have explained myself more. I was a SSG with 9 years in, had 6 months left on my current contract when i came down om orders for Korea. I signed a decc statement and decided to ETS. I wanted to continue to serve in the reserves so i signed a reserve contract. Was told i am NOT eligible for a bonus since i signed the DCSS
(0)
(0)
SSG (Join to see)
SSG Brian G. no, i asked multiple 79s about it and they all told me the same. Not one of them could provide me a regulation stating i was ineligible nor did the damm statement itself say anything along those lines. Some SFC on here gave me some information and I will be making calls about this asap until i get an answer
(0)
(0)
SSG Brian G.
SSG (Join to see) - Here is the thing. Anything that matters with the military, has a regulation and one that is fairly detailed. This from from everything from enlisting to wear of uniform to separation. It is what guides the massive machine that it is and SHOULD, note I say SHOULD keep it as uniform as possible. In a perfect, well functioning world that would mean that every single recruiter is fully 100% briefed and up to par of their job and that every soldier that enlists, reenlist gets what they are entitled to without need of explicitly asking or reminding or double checking.
You got screwed by someones incompetence, not knowing, or straight out dishonesty. Take your pick. There is a little phrase that should be emblazoned at the back of every recruiting stating wall and on every contract: 'Trust but verify.' And it holds true for more than just the military.
Maybe you can get this looked into and reversed. If so, I wish you the best of luck for with that.
You got screwed by someones incompetence, not knowing, or straight out dishonesty. Take your pick. There is a little phrase that should be emblazoned at the back of every recruiting stating wall and on every contract: 'Trust but verify.' And it holds true for more than just the military.
Maybe you can get this looked into and reversed. If so, I wish you the best of luck for with that.
(0)
(0)
1
1
0
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
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
¿m^ªÚïöÛÒ·ý0 1Db endstream endobj 1 0 obj endobj 2 0 obj stream hÞUMsÛ6ëWìê4IùXJê¶ÉdlúÐzȵ hGý!ý]DEò¡#i8C`ß{ûöC·ØÉrrû1ÊICLz)wí$-ýÊjFI§PM§çÏ|û__å7Bõ(IìQèÏÈBÁrñEüÎcCDÝîá-ËZn5kKiùKåhÙ7Aã+7tójf&æÒ4NпLþ$LÃ1JÃ7áqòíÁàèTL#jd'6ôv(át=]OéßåoÿmËD}mNØû\nP4Ü$õÑJ«eJraea0JÓyî|ï1tåXVÜÞõÁ57ß;Öð^1wfààm5'ÄÞi§tâ=UÇBÆÌðÎé2þp( uAôäIÜ7L#ePOý1=0ú=XÞâÁÆi8'ÞwÝáu=ie#,ʶ+-+4-T;&6gj_ß3Mæ5gATøÉ(u5ÝIÍÿA3*ìFÎÐ+a=§Õ§Ê-=yÓ@ëzéýEÖªN¡ÄFaÅYã»rP2òk~=ªÁÐjÇÊÎúùS«Ø ÞÁ=&ÀS?0
(1)
(0)
SPC (Join to see)
SGM Jeff Mccloud
That is fair. I believe we were more confused because there was no option to simply satisfy the assignment without the need to reenlist. He had been waiting on orders for the length of his second contract and it seemed strange for him to get them near the end of said enlistment.
That is fair. I believe we were more confused because there was no option to simply satisfy the assignment without the need to reenlist. He had been waiting on orders for the length of his second contract and it seemed strange for him to get them near the end of said enlistment.
(0)
(0)
SFC (Join to see)
SPC (Join to see) - He is absolutely given a choice. The Army says "we need you here, do you want to go?" It may not be his desired place, but the Army is the only branch that allows people to reenlist for a duty station of choice, and that gives people in the Army the illusion that you always get to choose where you go. The truth is that as you get higher in rank, you go where you are assigned. You are sometimes given a short list of choices, but you serve at the needs of the Army. Just like if you work at a civilian employer and they say we need you to move, you move or you part ways.
(2)
(0)
SPC (Join to see)
SFC (Join to see) I apologize for not being more direct. He is not upset at the assignment, there are no issues with the location, duty stations etc. The main gripe that he is dealing with is that he would need to reenlist in order to fulfill the time required at said unit. Going there, is no problem. However, the urgency at which this decision was "thrown" at him led to our confusion.
(0)
(0)
SGM Jeff Mccloud
SPC (Join to see) - Look at it this way: Your friend was going to be eligible for reenlistment in June anyway. By now he should have been pretty close to a decision on whether he would reenlist or not. The only issue this PCS should have added was whether he would be willing to reenlist for that new location or not.
If he was thinking about reenlisting to do something else that takes a higher priority, like SFAS or SFAB, he can volunteer for one of those, get the PCS orders deleted and reenlist for that other option.
If he was thinking about reenlisting to do something else that takes a higher priority, like SFAS or SFAB, he can volunteer for one of those, get the PCS orders deleted and reenlist for that other option.
(1)
(0)
0
0
0
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.
(0)
(0)
0
0
0
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.
(0)
(0)
0
0
0
0
0
0
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.
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.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google