Upgrade.Vet

NAVY | DRB | 2006_Navy | ND0601014

Original file (ND0601014.rtf) Auto-classification: Denied

ex-SN, USN
ND06-01014

Current Discharge and Applicant’s Request:

Application Received:                               20060725
Characterization of Service:
Narrative Reason for Separation:
Discharge Authority:                                MILPERSMAN 1910-106
Last Duty Assignment/Command at Discharge:       USS HAYLER (DD 997)

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:
         Review Requested:
Representation:

Decision:

Date of Decision:                                             20 070614
The Discharge shall :

Regarding p ropriety , the Board found the discharge :
Regarding e quity , the Board found the discharge :
( or BCD only) The Board found that clemency was:
Vot e (characterization/reason)
Location of Board:                                  Washington D.C.
Complete Service Record:
Complete Medical Record:
Complete Discharge Package:

Summary of Service :

Prior Service:
Inactive: USNR (DEP)                                20020228 - 20020326
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 20020327
Years Contracted :                                   ;
Date of Discharge:                                  20040413
Length of Service:                                  02 Yrs 00 Mos 17 Days ^{Does not exclude lost time.}
Time Lost During This Period:
Days Unauthorized Absence:                         509
Days Confinement:                                   NONE

Education Level:
Age at this Enlistment:
AFQT:                                                 55
Highest Rate/Rank:                                   SN

Performance Evaluation Averages (number of marks):
Performance :                                         N/A
Behavior :                                            N/A
OTA :                                                   N/A
Extracted from:
Applicant’s Supporting Documents Other:

Awards and Decorations (as listed on the DD Form 214):
NATIONAL DEFENSE SERVICE MEDAL

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20021018: Applicant to Unauthorized absence. [Extracted from Applicants DD Form 214]

20040309: Applicant from Unauthorized absence (509 days of lost time). [Extracted from Applicants DD Form 214]

2 00 4 0 413: Applicant discharged with Under Other Than Honorable Conditions discharge (In Lieu Of Trial By Court Martial).

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
[Briefers complete for medical related d/c only (PD, Condition ND, etc.)

None to Report

Elements of Discharge [ REQUESTED BY MEMBER]

Discharge Process:
Date Member Requested Separation :                           PRESUMED
Member Requested Separation Due To:                        PRESUMED
Characterization Requested:                                  PRESUMED
m ember Recognized Least Favorable:                          PRESUMED
Recommendation of Commanding Officer (date):              PRESUMED
Discharge directed by (date):                               PRESUMED
Narrative reason directed:
Characterization directed:

Additional Information Considered by Board

Type of d ocumentation submitted by t he Applicant and considered by the Board

        Document Type                                        #Pages
Related to Period of Service Under Review :
         Service/Medical Record :                            1
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                     3
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             0
Other Documentation      (Describe Below)                 7

Total Number of Pages:                            11

D escription of Other Documentation:
Helpguide, Mental Health Issues , Signs and Symptoms of ADD/ADHD

Discussion

P ropriety and Equity
There is a presumption of regularity in the conduct of Government affairs. This presumption will be applied in any review unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the Applicant . A fter a thorough review of the available evidence , to include the Applicant’s Summary of Service, Service Record Entries , Med ical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Applicant’s Issues as Summarized by the Board:
1. Undiagnosed Illness: Propriety.

Acceptance of Applicant’s Issues:
The Board accepted Issue(s) 1 f or consideration.

Issue 1 : (Propriety). Undiagnosed Illness: The Applicant is claiming she unknowing ly had ADD and believes, if she had the proper treatment while in service, her career would still be in progress. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, the implied missed diagnosis , nor the post service medical diagnosis given to the Applicant to be of sufficient nature to exculpate the Applicant’s misconduct. In fact, the NDRB sees no connection between the Applicant’s misconduct and her medical condition. Relief is not warranted.

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 30 May 2005, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity.

C. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86 (Unauthorized absence for more than 30 days).

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 Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .

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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required. 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, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. 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.

Employment / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/ RE-code: 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. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: The names and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                                    Secretary of the Navy Council of Review Boards
                                    Attn: Naval Discharge Review Board
                                    720 Kennon Street SE Rm 309
                                    Washington Navy Yard DC 20374-5023

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NAVY | DRB | 2006_Navy | ND0601014

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