NAVY | DRB | 2009_Navy | ND0900318
The Applicant contends the characterization of service he received upon discharge should be based on his first enlistment and thus he requests a “General (Under Honorable Conditions).” For his first enlistment, the Applicants service was characterized as “Honorable.” The Applicant reenlisted on 5 December 2003 for 4 more years, which was 7 months before his first enlistment would have expired.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless...
NAVY | DRB | 2009_Navy | ND0900319
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. However, the NDRB has determined that his discharge was improper since there is no evidence in the record to support a basis for discharge due to a pattern of misconduct. ” 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...
NAVY | DRB | 2009_Navy | ND0900320
The Applicant subsequently requested, and was granted, an Administrative Separation Board (ASB) which determined the preponderance of the evidence did not support the allegations of misconduct. The NDRB determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found...
NAVY | DRB | 2009_Navy | ND0900321
The Applicant’s misconduct is clearly documented. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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 other medical related reasons.Only the Board for Correction of Naval Records can grant this...
NAVY | DRB | 2009_Navy | ND0900322
The Board determined the awarded discharge characterization of“General (Under Honorable Conditions) ” was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, and Discharge Process, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise...
NAVY | DRB | 2009_Navy | ND0900323
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.While the Board applauds the Applicant’s post service efforts, the Board determined the statements alone regarding post-service conduct were...
NAVY | DRB | 2009_Navy | ND0900324
The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service, UCMJ violations involved, and the lack of post service documentation.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, and Discharge Process, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document review, former members...
NAVY | DRB | 2009_Navy | ND0900338
Should the Applicant obtain additional evidence or post service documentation he may wish to apply for a personal appearance. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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 other medical...
NAVY | DRB | 2009_Navy | ND0900339
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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0900340
The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the UCMJ violations involved, and lack of post service documentation. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Additionally, the Board has no authority to upgrade a...
NAVY | DRB | 2009_Navy | ND0900341
The Board determined the characterization of service received, General (Under Honorable Conditions), was an appropriate characterization considering the length of service, UCMJ violations involved, and insufficient post-service documentation.Should the Applicant obtain additional evidence or post-servicedocumentation he may wish to apply for a personal appearance. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided...
NAVY | DRB | 2009_Navy | ND0900342
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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0900343
The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violation involved, and based on the limited post-service documentation provided an upgrade would be inappropriate.Issue 4:() . The NDRB determined an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge...
NAVY | DRB | 2009_Navy | ND0900344
The NDRB determined an upgrade founded upon the Applicant’s post-service conduct would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within...
NAVY | DRB | 2009_Navy | ND0900345
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with...
NAVY | DRB | 2009_Navy | ND0900346
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicant’sstatement on the DD Form 293, he provided several pages from his service and medical records but failed to provide any...
NAVY | DRB | 2009_Navy | ND0900347
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: Related to Post-Service Period (cont): Additional Statements: From Applicant: From Representation:From Congress member: Other Documentation: Administrative Corrections to the Applicant’s DD 214...
NAVY | DRB | 2009_Navy | ND0900348
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and DD Form 293 submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance...
NAVY | DRB | 2009_Navy | ND0900349
The Applicant contends he was diagnosed as clinically depressed while at boot camp due to past traumatic events, combined with being away from his wife and two young children for the first time.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. After a thorough review of the available evidence, to include the Applicant’s Summary of...
NAVY | DRB | 2009_Navy | ND0900350
The Board determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade...
NAVY | DRB | 2009_Navy | ND0900351
The Applicant is advised that completion of these items alone does not guarantee clemency will be granted, as each discharge is reviewed by the Board on a case by case basis to determine if post service conduct justifies clemency. The Board determined the characterization of service received, “Bad Conduct Discharge”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided clemency...
NAVY | DRB | 2009_Navy | ND0900352
” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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 his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington,...
NAVY | DRB | 2009_Navy | ND0900353
The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the limited post service documentation provided an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found...
NAVY | DRB | 2009_Navy | ND0900354
Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP): NONE Active: Period of Service Under Review: Date of Enlistment: 20030128 Age at Enlistment: Period of Enlistment: Years Extension Date of Discharge: 20040427 Highest Rank/Rate: ETSNLength of Service: Year Month(s) 00 Day(s) Education Level: AFQT: 74Evaluation Marks: Performance: 2.0 (1) Behavior: 2.0 (1) OTA: 2.00Awards and Decorations (per DD 214): Rifle...
NAVY | DRB | 2009_Navy | ND0900365
Violation of Article 112a is one such offense requiring mandatory separation regardless of time in service, grade or record of service. The NDRB determined the awarded discharge characterization was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint...
NAVY | DRB | 2009_Navy | ND0900366
The NDRB determined it would be inappropriate to grant a discharge upgrade on this Issue.Issue 4:() .The Applicant contends he is entitled to a discharge upgrade because of his post-service conduct. The Board determined the characterization of service received, “Under Other Than Honorable Conditions, ” was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post-service documentation provided an upgrade would be...
NAVY | DRB | 2009_Navy | ND0900367
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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0900368
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.The evidence of record reflects the Applicant did not provide any documentation of post-service conduct for the Board’s consideration. The...
NAVY | DRB | 2009_Navy | ND0900369
The NDRB determined an upgrade founded upon the Applicant’s post-service conduct would be inappropriate.The Applicant remains eligible for a personal appearance hearing andis directed to the Addendum, specifically the paragraphs concerning Additional Reviews and Automatic Upgrades .Should the Applicant feel at some later time his post-service conduct is worthy of personally presenting to the NDRB there are organizations, such as the American Legion, willing to provide guidance and assistance...
NAVY | DRB | 2009_Navy | ND0900370
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Discharged while mentally ill and never received treatment or screening for bipolar disorder with psychotic features. ” 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...
NAVY | DRB | 2009_Navy | ND0900371
Further, there is no requirement for the commanding officer to convene an investigation prior to initiatingall NJP proceedings or administrative separation processing unless he determines additional evidence or information is needed.Based on a review of the record and facts unique to this case, the Board has determined there was sufficient evidence to support the basis for discharge due to the commission of a serious offense. Therefore, relief is denied.After a thorough review of the...
NAVY | DRB | 2009_Navy | ND0900372
The Board determined the awarded discharge characterization was appropriate and a change would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the...
NAVY | DRB | 2009_Navy | ND0900373
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service and Medical Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found clemency was not warranted and the sentence awarded the Applicant at his court-martial was appropriate for the offenseshe committed. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is...
NAVY | DRB | 2009_Navy | ND0900374
Therefore, relief is denied.Additionally, the Applicant should be aware that, with respect to non-servicerelated administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an Honorable or General (Under Honorable Conditions) discharge.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by...
NAVY | DRB | 2009_Navy | ND0900375
The Applicant does not meet the requirement for an ELS discharge and the NDRB found no documentation of misconduct, poor performance or counseling’s indicating sub-standard conduct, NJPs or evaluations to warrant a General (Under Honorable Conditions) characterization.The NDRB determined the Applicant’s service meets the criteria to warrant an upgrade of his characterization of service to Honorable, but the narrative reason shall remain Weight Control Failure.After a thorough review of the...
NAVY | DRB | 2009_Navy | ND0900376
” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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 other medical related reasons.Only the Board for Correction of Naval Records can grant this type of narrative reason change. Automatic Upgrades -...
NAVY | DRB | 2009_Navy | ND0900377
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Was issued an RE-4 Code which makes him ineligible for reenlistment and the GI Bill.2.Chain of command misled him and discouraged him from requesting a court-martial.3. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information...
NAVY | DRB | 2009_Navy | ND0900378
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.While the Board applauds the Applicant’s post service efforts, the Board determined the statement of post-service conduct did not The Board...
NAVY | DRB | 2009_Navy | ND0900379
The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicants statement on the DD Form 293, he provided additional service related documentation, congressional correspondence and...
NAVY | DRB | 2009_Navy | ND0900380
Besides the Applicantsstatement on the DD Form 293, she provided a character reference, congressional correspondence and a recent psychiatric diagnosis of her current condition, stating there is no evidence of a diagnosis for personality disorder.The Board applauds the Applicant for her success in life now and wishes her the best in future endeavors.Although the Applicant has made great strides over-coming difficult situations and stressors in her life, the Board has determined that the...
NAVY | DRB | 2009_Navy | ND0900381
After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance with...
NAVY | DRB | 2009_Navy | ND0900382
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 Representation:From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0900383
” After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Instruction 1332.28, you may submit a complaint in accordance...
NAVY | DRB | 2009_Navy | ND0900384
Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.Discussion : either which the Board cannot form the basis of relief for the Applicant, or the Board does not have the authority to grant the relief for which the Applicant petitioned. The Board determined the characterization of service received, General (Under Honorable Conditions), was an appropriate characterization considering the length of...
NAVY | DRB | 2009_Navy | ND0900385
The NDRB determined the Applicant’s case does not meet this high criterion for an upgrade to his characterization of service.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is...
NAVY | DRB | 2009_Navy | ND0900407
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. The Applicant can provide documentation to...
NAVY | DRB | 2009_Navy | ND0900408
While he may feel his youth was the underlying cause of his misconduct, the record of evidencedoes not demonstrate the Applicant was not responsible for his misconduct or should not be held accountable for his actions due to youth or immaturity.Based on the diagnosis from the recruit Psychologist, the Board has determined the awarded discharge characterization and narrative reason were appropriate and an upgrade would be inappropriate.For the edification of the Applicant, an...
NAVY | DRB | 2009_Navy | ND0900409
” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the 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 other medical related reasons.Only the Board for Correction of Naval Records can grant this type of narrative reason change. Automatic Upgrades -...
NAVY | DRB | 2009_Navy | ND0900410
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise...
NAVY | DRB | 2009_Navy | ND0900411
The NDRB determined the awarded discharge was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional...