IN THE CASE OF:  

		BOARD DATE:  10 March 2023

		DOCKET NUMBER:  AR20220008260


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 1 June 1992, to show his service 
was characterized as honorable, or alternately under honorable conditions (general). 

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:  
DD Form 293 (Application for the Review of Discharge) 

FACTS:  

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, Section 1552(b); 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 his enlistment was processed and while at reception he learned 
that he had to change the military occupational specialty (MOS) he selected, because 
he was no longer qualified due to traffic violations. He was not interested in changing 
his MOS choice. Thus, he was discharged and told he could reenlist after the charges 
dropped off. After being released, he worked for fire services and was never able 
reenlist. He was upfront with the details of his traffic violations and not being deceptive 
or dishonest and is requesting an upgrade to improve his status to honorable. 

3.  The applicant's service record shows:  

   a.  On 3 February 1992, in preparation for his enlistment the applicant completed a 
DD Form 398 (Department of Defense Personnel Security Questionnaire) wherein he 
listed five previous traffic violations, between November 1989 and June 1991. 

   b.  On 10 February 1992, the applicant enlisted in the U.S. Army Reserve (USAR), 
for an 8-year service obligation. He was ordered to initial active-duty training on 6 May 
1992, and reported to Fort McClellan, AL, to complete his one station unit training and 
selected MOS 95B (Military Policeman). 

   c.  On 20 May 1992, the applicant’s immediate commander notified the applicant 
that he was initiating action to separate him under the provisions of Army Regulation 
(AR) 635-200 (Personal Separations – Enlisted Personnel), Chapter 7, by reason of 
defective enlistment. The commander advised him of the rights available to him. 

   d.  On the same day, the applicant declined to consult with legal counsel and 
acknowledged receipt of the proposed separation memorandum. He understood he 
could be retained in the service if deemed to be in the best interest of the Army, and if 
separated, he would receive an entry level separation-Uncharacterized. He indicated he 
desired to be separated from service and not to be retained in an alternate MOS. 

   e.  Subsequently, the applicant's immediate commander formally recommended the 
applicant's separation from service, under the provisions of AR 635-200, Chapter 7, for 
defective enlistment. As the specific reason, the commander noted the applicant 
enlisted with several law violations which constituted a pattern of undesirable behavior, 
he received five violations prior to entering the service and an additional two after 
enlisting in the USAR, totaling 15 points. In accordance with AR 611-201(Enlisted 
Career Management Fields (CMF) and Military Occupational Specialty (MOS)), the 
applicant was not qualified for MOS 95B. He also noted the applicant declined 
reclassification and elected to be discharged.

   f.  On 26 May 1992, the separation authority approved the recommended action and 
directed the issuance of an entry level separation (uncharacterized).

   g.  On 1 June 1992, the applicant was discharged accordingly. His DD Form 214 
shows he was separated under the provisions of AR 635-200, paragraph 7-16a, by 
reason of defective or unfulfilled enlistment agreement. He was credited with completing 
26 days of net active service this period. He was not awarded a MOS, and his service 
was uncharacterized (Separation Code KDF, Reentry Code 2). 

4.  Army Regulation 611-201 prescribed the enlisted MOS classification structure of the 
Army and the CMF as the basis for managing enlisted personnel. Chapter 2-319 (95B-
Military Police, CMF 95), Subparagraph b (Physical demands rating and qualifications 
for initial award of MOS), shows in Paragraph 10, that an applicant would be disqualified 
for "traffic convictions or offenses, either civilian or military, which warrant assessment 
of a total of 6 points for a single offense or 12 points for 2 or more offenses during the 
12-months immediately preceding the date the individual enters on active duty or 
reenlists."

5.  Soldiers are considered to be in an entry-level status when they are within their first 
180 days of active-duty service. The evidence of record shows the applicant was in an 
entry-level status at the time of his separation 

BOARD DISCUSSION:  

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
evidence of record shows the applicant was discharged due to defective or unfulfilled 
enlistment agreement, while in an entry level status. He completed 26 days of net active 
service this period and he was not awarded a MOS. Soldiers are considered in an entry-
level status when they are within their first 180 days of active-duty service when 
separation action is started. The evidence of record shows the applicant was in an 
entry-level status at the time of his separation. Based on a preponderance of evidence, 
the Board determined that the character of service the applicant received upon 
separation was not in error or unjust.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

	 
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, U.S. Code, 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 611-201 (Enlisted Career Management Fields (CMF) and Military 
Occupational Specialty (MOS)), then in effect prescribed the enlisted MOS classification 
structure of the Army and the CMF as the basis for managing enlisted personnel. 
Chapter 2-319 (95B-Military Police, CMF 95), subparagraph b (Physical demands rating 
and qualifications for initial award of MOS), shows the following:

   a.  Paragraph 10 noted "No record of traffic convictions or offenses, either civilian or 
military, which warrant assessment of a total of 6 points for a single offense or a total of 
12 points for 2 or more offenses during the 12-month period immediately preceding the 
date the individual enters on active duty or reenlists." 

   b.  Paragraph 11 noted "No pattern of undesirable behavior as evidenced by any 
record, civilian or military." 

3.  Army Regulation 635-200, in effect at the time, sets policies, standards, and 
procedures to ensure the readiness and competency of the force while providing for the 
orderly administrative separation of Soldiers for a variety of reasons. 

   a.  Chapter 3 states a separation will be described as entry level with 
uncharacterized service if the Soldier has less than 180 days of continuous active-duty 
service at the time separation action is initiated. 

   b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor 
and entitles the recipient to benefits provided by law. The honorable characterization is 
appropriate when the quality of the member's service generally has met the standards 
of acceptable conduct and performance of duty for Army personnel or is otherwise so 
meritorious that any other characterization would be clearly inappropriate. 

   c.  Paragraph 3-7b states a general discharge is a separation from the Army under 
honorable conditions. When authorized, it is issued to Soldiers whose military record is 
satisfactory but not sufficiently meritorious to warrant an honorable discharge. 

   d.  Chapter 7 provides for the separation of personnel because of unfulfilled 
enlistment commitment. An unfulfilled enlistment commitment exists when the Soldier 
receives a written enlistment commitment from recruiting personnel for which the 
Soldier is qualified, but which cannot be fulfilled by the Army through no fault of the 
Soldier. When a defective enlistment agreement or unfulfilled enlistment commitment is 
discovered while an individual is being processed at the reception station or is 
undergoing basic or initial advanced individual training, the commander exercising 
special courts-martial jurisdiction, or any higher commander, may approve a request for 
discharge. 

4.  On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness 
issued guidance to Military DRBs and BCM/NRs regarding equity, injustice, or clemency 
determinations. Clemency generally refers to relief specifically granted from a criminal 
sentence. BCM/NRs may grant clemency regardless of the type of court-martial. 
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to other corrections, including changes in a discharge, which may 
be warranted based on equity or relief from injustice. 

   a.  This guidance does not mandate relief, but rather provides standards and 
principles to guide Boards in application of their equitable relief authority. In determining 
whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs 
shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy 
changes, relative severity of misconduct, mental and behavioral health conditions, 
official governmental acknowledgement that a relevant error or injustice was committed, 
and uniformity of punishment. 

   b.  Changes to the narrative reason for discharge and/or an upgraded character of 
service granted solely on equity, injustice, or clemency grounds normally should not 
result in separation pay, retroactive promotions, and payment of past medical expenses 
or similar benefits that might have been received if the original discharge had been for 
the revised reason or had the upgraded service characterization. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220008260


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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