NAVY | DRB | 2009_Navy | ND0901396
The NDRB did not have the Applicant’s administrative separation package to determine whether or not the Applicant waived rights to consult with qualified counsel, submit a written statement, and request an Administrative Board.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall...
NAVY | DRB | 2009_Navy | ND0901397
Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20020328 - 20020403Active: Period of Service Under Review: Date of Enlistment: 20020404Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20040816Highest Rank/Rate:AOANLength of Service: Year(s)Month(s)04 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:4.0(1)Behavior:3.0(1)OTA: 3.50Awards and Decorations (per DD 214): (2)Periods of...
NAVY | DRB | 2009_Navy | ND0901398
Based on the offense(s) committed by the Applicant, command administratively processed for separation. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . ” Additional Reviews : After a document review has been conducted, former members are eligible for a...
NAVY | DRB | 2009_Navy | ND0901399
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall ERRONEOUS ENTRY (DRUG ABUSE).Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board...
NAVY | DRB | 2009_Navy | ND0901400
Furthermore, being subjected to punishment at an NJP proceeding does not precluded a service member from being administratively processed for separation since administrative separations are not considered punitive in nature.Based on a review of the evidence of record and evidence presented by the Applicant, the Board determined there was sufficient evidence to support a administrative separation based on misconduct due to the commission of a serious offense and that an upgrade to Honorable...
NAVY | DRB | 2009_Navy | ND0901401
ex-MNSA, USN Current Discharge and Applicant’s Request Application Received: 20090428 Characterization of Service Received: Narrative Reason for Discharge: Authority for Discharge: MILPERSMAN Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP) 20041120 - 20041215 Active: Period of Service Under Review: Date of Enlistment: 20041216 Age at Enlistment: Period of Enlistment: Years Extension Date of Discharge:...
NAVY | DRB | 2009_Navy | ND0901402
Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or...
NAVY | DRB | 2009_Navy | ND0901403
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2009_Navy | ND0901404
Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20080627 - 20080930Active: Period of Service Under Review: Date of Current Enlistment: 20081001Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20081030Highest Rank/Rate:SRLength of Service: Year(s)Month(s)00 Day(s)Education Level:AFQT: 55EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):NONEPeriods of...
NAVY | DRB | 2009_Navy | ND0901405
Based on a review of the Applicant's record of service, the Board has made the following determinations: 1) there was sufficient evidence to separate the Applicant due to civilian conviction, 2) the commanding officer acted within his authority in discharging the Applicant prior to the expiration of his enlistment, and 3) an upgrade was not warranted based on the seriousness of the offense committed by the Applicant and his failure to comply with the aftercare program for alcohol...
NAVY | DRB | 2009_Navy | ND0901406
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Based on the Applicant’s mitigating circumstances and post-service conduct the NDRB voted unanimously to upgrade the characterization of service to . ” Additional Reviews : After a document review has been conducted,...
NAVY | DRB | 2009_Navy | ND0901407
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall MISCONDUCT.Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to...
NAVY | DRB | 2009_Navy | ND0901408
Based on the offense(s) committed by the Applicant, command administratively processed for separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a...
NAVY | DRB | 2009_Navy | ND0901409
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the NDRB has no authority to upgrade a...
NAVY | DRB | 2009_Navy | ND0901410
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2009_Navy | ND0901411
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or...
NAVY | DRB | 2009_Navy | ND0901441
Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 26 April 2005 until Present, Article 1910-142, SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.B. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of...
NAVY | DRB | 2009_Navy | ND0901442
The Board also determined an upgrade to Honorable is not warranted considering the seriousness and frequency of the UCMJ violations committed by the Applicant.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing...
NAVY | DRB | 2009_Navy | ND0901443
The NDRB further determined that an upgrade in the characterization of service was not warranted based on the lack of evidence to support the Applicant’s contention—despite being encouraged to provide same through the DD 293 worksheet and correspondence from the NDRB.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the...
NAVY | DRB | 2009_Navy | ND0901444
There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.Additionally, a thorough review of the circumstances which led to the Applicant’s discharge and his discharge process revealed no issues of equity or propriety.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand...
NAVY | DRB | 2009_Navy | ND0901445
The Board determined there was sufficient evidence to support an administrative separation due to misconduct and that based on a review of available records, the seriousness and frequency of the offenses committed by the Applicant and lack of mitigating circumstances an upgrade to Honorable is not warranted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded...
NAVY | DRB | 2009_Navy | ND0901447
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Based on a review of the evidence of record, statement of the Applicant, and the length of his UA, the Board determined that an upgrade was not appropriate and the Applicant’s in-service performance was insufficient to mitigate the misconduct.Issue 3: (Decisional) () . ” Additional Reviews : After a document review has been conducted, former members are eligible for a...
NAVY | DRB | 2009_Navy | ND0901449
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Board determined the characterization of service received, General (Under Honorable Conditions), was an appropriate characterization considering the UCMJ violations and lack of post-service documentation.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found...
NAVY | DRB | 2009_Navy | ND0901450
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time...
NAVY | DRB | 2009_Navy | ND0901451
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Regrets his actions.2. However, even if the Applicant could have produced additional evidence to support a review based on his post-service conduct, the Applicant should be aware that post-service conduct alone does not guarantee an upgrade. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing,...
NAVY | DRB | 2009_Navy | ND0901452
The record reflects that while being evaluated for headaches it was determined that the Applicant had a bipolar condition for which he was subsequently processed for a medical board. Therefore, the Board voted unanimously to change the character of the discharge to Honorable.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, based on the absence of misconduct or adverse...
NAVY | DRB | 2009_Navy | ND0901453
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant requested and received an administrative separation board (ASB) to review his separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge.
NAVY | DRB | 2009_Navy | ND0901454
On page 4, Item 8, in the instructions for completion of DD Form 293, the Applicant is notified to submit evidence "which substantiate or relate directly to your issues in Item 6" (Issues: Why an upgrade or change is requested and justification for the request). However, even if the Applicant could have produced additional evidence to support a review based on his post-service conduct, the Applicant must have a full understanding that post-service conduct alone does not guarantee an...
NAVY | DRB | 2009_Navy | ND0901455
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2009_Navy | ND0901456
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. Automatic Upgrades - There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage...
NAVY | DRB | 2009_Navy | ND0901457
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2009_Navy | ND0901458
The Applicant is referred tothe addendum, reenlistment/re-code for more information regarding this issue.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...
NAVY | DRB | 2009_Navy | ND0901459
There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant...
NAVY | DRB | 2009_Navy | ND0901461
The Applicant contends his BCD was too harsh of a punishment for the charges brought against him.In response to the Applicant’s issue, the Applicant’s case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s...
NAVY | DRB | 2009_Navy | ND0901462
Retention Warning Counseling: - 19930630: [Extracted from the Commanding Officer’s letter dated 22 July 04] Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From/To Representation:From/ToCongress...
NAVY | DRB | 2009_Navy | ND0901463
Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From/To Representation:From/ToCongress member:Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0901464
Issues 1-3: (Nondecisional) The Applicant is requesting to reenter the service and receive his GI Bill for further his education in the medical field.Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.The Applicant is...
NAVY | DRB | 2009_Navy | ND0901465
Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge (see addendum).Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date...
NAVY | DRB | 2009_Navy | ND0901466
The Applicant is referred to the addendum, Reenlistment/RE-code for more information regarding this issue.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...
NAVY | DRB | 2009_Navy | ND0901467
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2009_Navy | ND0901468
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2009_Navy | ND0901469
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB found no documentation in the Applicant’s record, nor did the Applicant provide any, to support his claim that the anesthetic used to treat his broken nose caused him or would cause him to become an alcoholic. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...
NAVY | DRB | 2009_Navy | ND0901470
Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. The Board determined that based on the frequency and seriousness of the offenses committed by the Applicant, his age, length of service and the lack of mitigating evidence an upgrade is not warranted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found...
NAVY | DRB | 2009_Navy | ND0901471
” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted their opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2...
NAVY | DRB | 2009_Navy | ND0901472
On page 4, Item 8, in the instructions for completion of DD Form 293, the Applicant is notified to submit evidence "which substantiate or relate directly to your issues in Item 6" (Issues: Why an upgrade or change is requested and justification for the request). ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge....
NAVY | DRB | 2009_Navy | ND0901473
On page 4, Item 8, in the instructions for completion of DD Form 293, the Applicant is notified to submit evidence "which substantiate or relate directly to your issues in Item 6" (Issues: Why an upgrade or change is requested and justification for the request). The Board determined the command was warranted to separate the Applicant for a pattern of misconduct.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and...
NAVY | DRB | 2009_Navy | ND0901474
However, even if the Applicant could have produced additional evidence to support a review based on his post-service conduct, the Applicant should be aware that post-service conduct alone does not guarantee an upgrade. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to...
NAVY | DRB | 2009_Navy | ND0901475
Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service, the seriousness of the offense committed, and the insufficientpost-service documentation.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service,...
NAVY | DRB | 2009_Navy | ND0901476
However, even if the Applicant could have produced additional evidence to support clemency based on his post-service conduct, the Applicant must have a full understanding that post-service conduct alone does not guarantee clemency.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall...
NAVY | DRB | 2009_Navy | ND0901477
Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20000421 - 20000426Active: Period of Service Under Review: Date of Current Enlistment: 20000427Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20001201Highest Rank/Rate:ARLength of Service: Year(s)Month(s)05 Day(s)Education Level:AFQT: 55EvaluationMarks:Performance:1.0(1)Behavior:1.0(1)OTA: 1.17Awards and Decorations (per DD 214):NONEPeriods...