IN THE CASE OF: BOARD DATE: 31 January 2022 DOCKET NUMBER: AR20210008873 APPLICANT REQUESTS: The applicant requests her uncharacterized character of service be changed to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for the Correction of Military Records) online application * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) 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, in effect, she is requesting a change in her characterization of discharge because she worked for the US Department of Homeland Security. She bought back her active duty military time for the Federal Employees Retirement System (FERS). Her agency's Human Resources department noticed her first DD Form 214 does not show an honorable discharge. She had already bought back her basic training and advanced individual training (AIT) service time. This issue caused a change in her retirement schedule computation date. The FERS policy states any active duty service is creditable service as long as the DD Form 214 shows an honorable discharge. 3. On 31 July 2008, the applicant enlisted into the US Army Reserve (USAR) for a period of 8 years. 4. On 13 August 2008, orders were published ordering the applicant to initial active duty for training (IADT) with a reporting date of 14 August 2008. 5. On 17 October 2008, orders were published transferring the applicant from basic training to her AIT effective 31 October 2008 for completion of military occupational specialty (MOS) training. 6. On 12 January 2009, orders were published awarding the applicant the MOS of 42A (Human Resource Specialist) effective upon her successful completion of the 42A course. 7. On 16 January 2009, the applicant was issued a DD Form 214, which shows she was a member of the USAR, had completed 5 months and 3 days of active duty service, and was returned to her USAR unit. She was awarded the MOS of 42A. The narrative reason for separation was she had completed her required active service and her characterization of service was uncharacterized. 8. The applicant is requesting a change in her uncharacterized discharge to honorable so she can buy back her active duty service for her FERS retirement. a. The applicant's DD Form 214 for the period ending 16 January 2009 confirms the applicant was called to active duty IADT, successfully completed AIT, and was awarded an MOS. Following AIT, the applicant returned to her USAR unit for duty. b. Although her DD Form 214 properly reflects her characterization of service as "uncharacterized" according to regulatory guidance in effect at the time of separation, effective 1 March 2014, regulatory guidance changed stating entry level soldiers who completed IADT and were awarded an MOS were to be given an honorable discharge, unless otherwise directed by the separation authority. c. The ABCMR is not authorized to grant requests for upgraded characters of service solely to make the applicant eligible for retirement benefits; however, based on current regulatory guidance, it would be appropriate to revise her character of service to honorable, in the interest of equity. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The applicant completed IADT, was awarded an MOS and, in accordance with current regulation, would have been issued an honorable discharge. Based on the preponderance of the documentation available for review the Board determined the evidence presented sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X: :X :X 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 issuing the applicant a new DD Form 214 for the period ending for the period ending 16 January 2009 showing the character of service as Honorable. X 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separation. a. It stated, except under specific circumstances, a separation would be described as an entry level separation with service uncharacterized if processing was initiated while a Soldier is in entry level status. For Army National Guard (ARNG) and U.S. Army Reserve (USAR) Soldiers, entry level status began upon enlistment, and terminated either on the completion of one continuous period of180 days (counting from the start of training), or, for Soldiers ordered to IADT for the split or alternate training option, 90 days after beginning Phase II (advanced individual training). (Soldiers completing Phase I (basic training or basic combat training) remain in entry level status until 90 days after beginning Phase II. b. Paragraph 4-2 (Discharge or Release from Active Duty upon Termination of Enlistment, and Other Periods of Active Duty or Active Duty for Training) stated, ARNG and USAR Solders who successfully completed a period of initial active duty for training were to be out-processed and returned to their respective RC units; their character of service, while in an entry level status, would be listed as uncharacterized. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It states a DD Form 214 will be prepared for RC Soldiers awarded an MOS even if active duty is less than 90 days. RC Soldiers completing active duty that results in the award of a military occupational specialty (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). When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority. //NOTHING FOLLOWS//