IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200002457 APPLICANT REQUESTS: The applicant requests, in effect, to change her character of service from uncharacterized to honorable on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 March 1993. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) * Puerto Rico Army National Guard (PRARNG) Orders 232-3 * Email from her payroll office FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. She attended basic and military occupational specialty (MOS) training, and received a DD Form 214 with an uncharacterized discharge. Upon completion of her training, she was assigned to her Army National Guard unit where she served with dignity until her separation in 2001. She is employed by the federal government and wishes to buy back her military service. After requesting her estimated earnings, she learned that she could not buy the time served in the Army National Guard (ARNG). It made her sad because it felt like she had never served her country in the military. b. In order to buy the active duty time or time under active duty orders such as training, the DD Form 214 must reflect an honorable discharge or a general discharge under honorable conditions. While on Basic and MOS training and later in the ARNG, she always served her country honorably. She was not deployed during her tenure in the ARNG but she continued to serve her country as a Customs and Border Protection Officer. c. Since she cannot buy the equivalent to 7 years of service in the ARNG, she would like to have the honor to buy the time she served while on training and have her active duty time recorded on her employment history. She respectfully requests the Board’s consideration and a favorable decision on this matter by adjusting the discharge field to reflect honorable or honorable conditions. d. Her NGB Form 22 reflects an honorable discharge but her DD Form 214 is coded as uncharacterized. Due to the inconsistency in her military records, she is unable to buy back her military time. It saddens her that she enlisted in the ARNG thinking that she was able to serve her country and the pride of being a weekend Soldier, only to find out that all the years she served in the ARNG had been decimated to nothing for the purposes of buying back military service. She could have joined the Army Reserve and her time as a weekend warrior could have been credited in whole. Somehow, she feels it is a disservice to all ARNG members who like her, dreamed about serving their country to find out that ARNG time is treated differently even when ARNG members are subjected to the same requirements and principles as Soldiers on active duty or active reserve. She attended training with active duty members. Her promotions were rigorously evaluated such as in the case of active duty members but she is not considered as such. 3. On 25 March 1992, the applicant enlisted in the Puerto Rico Army National Guard (PRARNG). 4. A DD Form 214 contained in her military personnel file shows: * 2 October 1992, the applicant entered initial active duty for training (IADT) * she completed the 10-week Medical Specialist Course and was awarded MOS 91B (Medical Specialist) * 2 March 1993, the applicant was released from IADT and transferred to her PRARNG unit * she completed 5 months and 1 day of net active service this period * her character of service was listed as “uncharacterized” 5. In support of her case, the applicant provided: * PRARNG Orders 232-3 honorably separating her from the PRARNG, effective 1 December 2001 and transferring her to the U.S. Army Reserve Control Group (Reinforcement) * NGB Form 22 showing she was honorably separated from the PRARNG by reason of resignation, effective 1 December 2001, and transferred to the USAR Control Group (Reinforcement) * an email from U.S. Customs and Border Protection Payroll Office stating in order for time to be creditable for military buy back it must have been honorable active duty; the character of service listed on her DD Form 214 reads "uncharacterized" 6. Regulatory guidance in effect at the time she was separated stated an uncharacterized separation is an entry-level separation; for Soldiers ordered to IADT, entry-level status terminates 180 days after beginning training. However, current regulatory guidance states Reserve Component Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of the Army National Guard of the United States (ARNGUS) Alternate Training Program or USAR Split Training Program) will receive a character of service of honorable unless directed otherwise by the separation approval authority. BOARD DISCUSSION: The available evidence shows the applicant was ordered to active duty for training and awarded an MOS. Although her DD Form 214 properly reflects her characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, based on current regulatory guidance and in the interest of equity the Board determined her DD Form 214 should be corrected to show her character of service was honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 reissuing her DD Form 214 for the period ending 2 March 1993 to show her service was characterized as honorable. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) in effect at the time of the Soldiers separation, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. The regulation stated an uncharacterized separation is an entry-level separation. For Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. 3. Army Regulation 635-8 (Separation Processing and Documents) currently in effect, prescribes the transition processing function of the military personnel system. The regulation contains guidance in paragraph 5-6x stating for Block 24 (Characterization of Service) the correct entry is vital since it affects a Soldier’s eligibility for post-service benefits. Characterization or description of service is determined by directive authorizing separation. The regulation states “When a Reserve Component Soldier successfully completes initial active duty training the character of service is honorable unless directed otherwise by the separation approval authority”. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002457 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200002457 5 ABCMR Record of Proceedings (cont) AR20200002457 4