ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 April 2020 DOCKET NUMBER: AR20190000173 APPLICANT REQUESTS: to change the certificate of separation code of her NGB Form 22 (National Guard Report of Separation and Record of Service) and change her discharge certificate from NGB Form 55 (Honorable Discharge from the Armed Forces of the United States) to an NGB Form 55a (Honorable Discharge from the Federal Recognized Army National Guard (ARNG)). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Oath of Extension of Enlistment or Reenlistment * NGB Form 22 (National Guard Report of Separation and Record of Service) * Separation Orders * Correction to NGB Form 22 * Excerpt from NGR 600-200 (Enlisted Personnel Management) * Excerpt from Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), dated 15 August 2005 * Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions) FACTS: 1. The applicant states: a. She moved from the Virgin Islands to the United States in search of a job opportunity. She requested the Virgin Islands Army National Guard (ARNG) to transfer her into the Individual Ready Reserve (IRR) for some time until she was settled in her new location. b. Instead of being transferred to the IRR, she was completely discharged from the military. The Virgin Islands ARNG S1 was asked to change the certificate of separation from an NGB Form 55 to an NGB Form 441 but despite having provided all the necessary evidence to clarify that she still had a remaining military service obligation (MSO) up to 10 August 2012, the Virgin Islands ARNG ignored the documents and instead of changing the certificate of separation, they changed her Expiration Term of Service (ETS) date to 16 October 2017 and removed her completely from the service. c. This situation is preventing her from continuing with her military career. She is an excellent Soldier but for unknown reasons, the Virgin Islands ARNG has not shown any interest in helping her. d. She wanted to continue with her military career and requested the Army Reserve Career Counselor to assist her with the transfer process. Before being removed from the military system, she had all the requisites to be transferred to the US Army Reserve (USAR). She is asking the Board to grant her request. 3. The applicant's service records contain Orders 012-500, published by Joint Force Headquarter, Virgin Islands National Guard, dated 12 January 2018, which shows the applicant was honorably discharged from the USAR Control Group (IRR) effective 16 October 2017 and issued an NGB Form 55. 4. The applicant's service records are void of orders placing her in the USAR Control Group (IRR). 5. The applicant provides the following documents for the Board's consideration: a. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), which shows the applicant extended on 8 September 2016 for a period of 6 years. Her new ETS was 19 August 2021. b. An NGB Form 22, which shows the applicant was honorably discharged on 16 October 2017 and transferred to the USAR Control Group (IRR). Her MSO was 19 August 2021. She was issued an NGB Form 55. c. Orders 012-500, which were contained in her service record. d. An NGB Form 22a (Correction to NGB Form 22), dated 2 November 2018, which deletes the MSO of 19 August 2021. e. An excerpt of NGR 600-200, which shows: * an NGB Form 55 is issued to Solders concurrently discharged from the ARNG and as a Reserve of the Army with honor * an NGB Form 55a is issued to Soldiers separated from the ARNG and concurrently transferred to the control of the Army Reserve with honor f. An excerpt of Army Regulation 140-10, dated 15 August 2005, which shows Chapter 4 Voluntary reassignment of troop program unit or individual mobilization augmentee enlisted soldiers. The voluntary reassignment of a TPU or IMA soldier to an appropriate control group of the IRR is authorized only under one or more of the following conditions: Paragraph 4-9b states, when the Soldier has a change of address to an area beyond reasonable commuting distance of a USAR training center. g. Army Regulation 135-91 states: (1) The length of the Ready Reserve obligation depends on the terms of the agreement signed when appointed or enlisted. Most agreements require unit participation for a specified period of time. When that unit time is fulfilled, the Soldier must voluntarily reenlist, or extend his or her enlistment in the same or another TPU, or request transfer to the individual Ready Reserve (IRR) prior to, but no later than, the last day on which his or her term of service in the Selected Reserve (SELRES) expires. If the Soldier does not make an election the unit will initiate DA Form 4651 (Request for Reserve Component Assignment or Attachment) for involuntary transfer to the appropriate USAR CG per AR 140–10 or NGR 600–200 effective the day following the Soldier’s expiration term of service date in the IRR. (2) Soldiers reentering the active Force are transferred to the USAR after completing AD. They will serve the number of years, months, and days, if any, left from their previous statutory obligation. 5. See applicable references below. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. In accordance with NRG 600-200, paragraph 6-14a(2), an NRG Form 55a is issued to Soldiers separated from the ARNG and concurrently transferred to the control of the Army Reserve e with honor. The applicant was correctly separated from the Virgin Islands ARNG and transferred to the USAR Control Group by orders 012-500, Joint Force Headquarters Virgin Islands National Guard, dated 12 January 2018, which shows type of discharge: Honorable (NGB Form 55) (A). This should be corrected to show NGB Form 55a to avoid confusion. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: a. Showing on orders 012-500, Joint Force Headquarters Virgin Islands National Guard, dated 12 January 2018, type of discharge: Honorable (NGB Form 55a) b. Showing on the applicant’s NGB Form 22 for the period ending 2017-10-16, under item 25. Type of Certificate Used – NGB Form 55a. c. Issuing the applicant a NGB Form 55a and rescind the NGB Form 55 previously issued. d. Rescinding the NGB Form 22A, dated 20181102, which erroneously deleted the applicant’s Terminal Date of Reserve/Military Service Obligation of 2021-08-19 from box 11 on her NGB Form 22 for the period ending 2017-10-16. 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. REFERENCES: 1. NGR 600-200 (Enlisted Personnel Management) states, normally an honorable characterization is issued to Soldiers upon ETS or fulfillment of military service obligation. An honorable characterization is issued: a. ARNG/ARNGUS Soldiers are required to receive training regarding the benefits of being awarded an honorable characterization of service upon discharge. AR 135-178, paragraph 1-17 contains the instruction. ARNG/ARNGUS Soldiers will be trained: (1) On initial assignment to unit or within 3 months thereafter. (2) During the annual orientation of the Soldier’s service obligations and participation requirements per AR 135-91, paragraph 4-4. (3) When a Soldier’s conduct or performance warrants counseling per AR 135- 178, paragraph 2-4. b. Each Soldier receiving instructions during the annual orientation will have their ERB annotated as follows: “Bfts of Hon Disch (date).” c. The instruction will include a comprehensive explanation of the following: (1) Characterization of service. (2) The types of discharge certificates. (3) The possible effects of the various certificates on reenlistment, civilian employment, veterans’ employment, veterans’ benefits, and related matters. (4) The unlikelihood that the Soldier will be successful in any attempt to have the character of his or her service changed by the Army Discharge Review Board. c. The characterization of service upon separation is of great significance to the Soldier. It must accurately reflect the nature of service performed. Service characterization will effect the Soldier’s eligibility for veterans’ benefits, eligibility for reentry into the military service, and acceptability for employment in the civilian community. The type of discharge and character of service will be determined based solely on the Soldier’s military record during the current enlistment or period of service, plus any extensions. The Soldier’s performance of duty and conduct must be fully evaluated, as based on the overall period of service, and not on any isolated specific actions or entries found on the DA Form 2-1. A Soldier, who's the service has been characterized as honorable or under honorable conditions, is entitled to Federal rights and benefits as provided by law. However, separation characterized as under other than honorable conditions could deprive the Soldier of Veterans’ benefits administered by the Department of Veterans Affairs (DVA). Eligibility determination will be conducted by the DVA, on a case by case bases. d. On NGB Form 55 issued to Soldiers concurrently discharged from the ARNG and as a Reserve of the Army with honor. This includes any request of the family if a Soldier dies while in the ARNG. e. On NGB Form 55a issued to Soldiers separated from the ARNG and concurrently transferred to the control of the Army Reserve with honor. 2. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) states in Chapter 4 Voluntary reassignment of troop program unit or individual mobilization augmentee enlisted soldiers when the Soldier has a change of address to an area beyond reasonable commuting distance of a USAR training center. 3. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions states: a. The length of the Ready Reserve obligation depends on the terms of the agreement signed when appointed or enlisted. Most agreements require unit participation for a specified period of time. When that unit time is fulfilled, the Soldier must voluntarily reenlist, or extend his or her enlistment in the same or another TPU, or request transfer to the individual Ready Reserve (IRR) prior to, but no later than, the last day on which his or her term of service in the Selected Reserve (SELRES) expires. If the Soldier does not make an election the unit will initiate DA Form 4651 (Request for Reserve Component Assignment or Attachment) for involuntary transfer to the appropriate USAR CG per AR 140–10 or NGR 600–200 effective the day following the Soldier’s expiration term of service date in the IRR. b. Soldiers reentering the active Force are transferred to the USAR after completing AD. They will serve the number of years, months, and days, if any, left from their previous statutory obligation. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190000173 5 1