Upgrade.Vet

NAVY | DRB | 2006_Navy | ND0601032

Original file (ND0601032.rtf) Auto-classification: Denied

ex-AN, USN
ND06-01032

Current Discharge and Applicant’s Request :

Application Received:                               20 060808
Narrative Reason for Separation:                           BY COURT MARTIAL
Character of Service:
Discharge Authority :                                MILPERSMAN 1910-106
Last Duty Assignment/ Command at Discharge:       USS NIMITZ CVN 68

Applicant’s Request:
         Narrative Reason change to:                nONE REQUESTED
         Characterization chang e to:
         Review Requested :
Representation:

Decision:

Date of Decision:                                             20 070628
Location of Board:                                  Washington D.C.
Complete Service Record:
Complete Medical Record:
Complete Discharge Package:

Regarding propriety, the Board found the discharge:
Regarding equity, the Board found the discharge:

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall .

Summary of Service :

Prior Service:
Inactive: USNR (DEP)                                20030106 - 20030812
Active:                                              NONE
Period of Service Under Review :
Date of Enlistment:                                 200 3 0813
Years Contracted :                                   ;
Date of Discharge:                                  2005 1104
Length of Service:                                  02 Yrs 02 Mos 21 Days ^{Does not exclude lost time, if any.}
Time Lost During This Period:                      308
Days Unauthorized Absence:                         308

Education Level:
Age at this Enlistment:
AFQT:                                                 40
Highest Rate/Rank:                                   AN

Performance Evaluation Averages (number of marks):
Performance :                                         3.0 (1)
Behavior :                                            4.0 (1)
OTA :                                                   3.17

Awards and Decorations (as listed on the DD Form 214):
NATIONAL DEFENSE SERVICE MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL

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

20041129:        Applicant to unauthorized absence at 0001.

20041129:        Applicant missed ships movement.

20041229:        Applicant declared a deserter.

20051003 :        Applicant from unauthorized absence at 1450 ( 308 days/surrendered).

20051005:        Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Did on or about 20041129, without authority, absent herself from unit, and did remain so absent until on o r about 20051003.

20051024 :        Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. She consulted with civilian counsel and was fully advised of the implications of her request. The Applicant stated she understood the elements of the offense with which she was charged, and admitted she was guilty of all the charges preferred against her. Specifically, she admitted to violating UCMJ, Article 86 (unauthorized absence) by remaining absent from her assigned place of duty from 20041129 until 20051003 . The Applicant understood that if discharged under other than honorable conditions, it might deprive her of virtually all veterans' benefits based upon her current enlistment, and that she might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing.

20051024 :        Commanding Officer, Transient Personnel Unit, Norfolk, approved the Applicant’s request for administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge as under other than honorable conditions in accordance with MILPERSMAN 1910-106.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
None.

Elements of Discha rge [REQUESTED BY MEMBER]

Discharge Process:                                            Voluntary: Requested by Member
Date Member Requested Separation :                           20051024
Member Requested Separation Due To:                        BY COURT MARTIAL
Characterization Requested:                                  UNDER OTHER THAN HONORABLE CONDIONS
m ember Recognized Least Favorable:
Recommendation of Commanding Officer (date):              NONE
Discharge directed by (date):    COMMANDING OFFICER, TRANSIENT PERSONNEL UNIT, NORFOLK , 20041024
Narrative reason directed:                                            BY COURT MARTIAL
Characterization directed:
Date Applicant Discharged :                                  20051104

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 :                                     0
         Character Statements:                               0
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             1
Other Documentation      (Describe Below)                 0

Total Number of Pages:                            2

Applicant’s Issues as Summarized by the Board:
1. Requests RE code change to allow re-enlistment.

Issue 1: which the Board cannot form the basis of relief for the Applicant, and the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum regarding .

Decisional Issues:

On 20051024 , the Applicant requested discharge for the good of the service to escape trial by court-martial. In the requ est the Applicant noted that her civilian counsel had fully explained the elements of the offenses for which s he was charged and that s he was guilty of the offenses. Sh e further certified a complete understanding of the negative consequences of h er actions and that characterization of service could be under other than honorable conditions. The evidence of record does not demonstrate that the Appli cant was not responsible for her conduct or that s he should not be held accountable for h er actions.

In the Applicant’s letter to the Board she im plies that h er misconduct was the result of being sexual harassed by her chain of command. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support h er claim . There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that she was being sexually harassed and after reporting no actions were taken. However, even if the Applicant could document her claims this would neither amount to a justification nor to a defense for the Applicant’s own misconduct. The record clearly reflects her willful misconduct which demonstrated s he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for h er conduct or that s he should not be held accountable for h er actions.

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 Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 31 May 2005 and Present, Article 1910-106, 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 .

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

Similar Decisions

NAVY | DRB | 2013_Navy | ND1300125

Original file (ND1300125.rtf) Auto-classification: Denied

of a controlled substance) on 5 October 2005, which is the day before she provided a urine sample for a random drug test. ” 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 | 2011_Navy | ND1102156

Original file (ND1102156.rtf) Auto-classification: Denied

However, documentation found in the Applicant’s service record indicates she was administratively processed for separation in lieu of trial by court-martial (SILT). Based on the offense committed by the Applicant and approval of her request for separation in lieu of trial by court-martial, her command administratively processed her for separation. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the...
NAVY | DRB | 2010_Navy | ND1001119

Original file (ND1001119.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)19990115 - 19990222Active: Period of Service Under Review: Date of Current Enlistment: 19990223Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20001005Highest Rank/Rate:ARLength of Service: Year(s)Month(s)13 Day(s)Education Level:AFQT: 33EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):NONEPeriods of...
NAVY | DRB | 2013_Navy | ND1301239

Original file (ND1301239.rtf) Auto-classification: Denied

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: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
NAVY | DRB | 2006_Navy | ND0601180

Original file (ND0601180.rtf) Auto-classification: Denied

The Applicant requests upgrade of her service based on her performance while in service. Service Record Entries Related to Characterization of Service or Narrative Reason for Separation 19940628: NJP for violation(s) of UCMJ: Article 92: On 19940611 Article 128: On 19940611 Award: Reduction to E-2. Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation None Elements of Discharge: Discharge Process: Date Notified: 19970724Reason for Discharge Least...
NAVY | DRB | 2006_Navy | ND0601100

Original file (ND0601100.rtf) Auto-classification: Denied

AXIS II: Dependent personality disorder. Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:Reason for Discharge Least Favorable Characterization: Date Applicant Responded to Notification: Rights Elected at Notification:Consult with Counsel Administrative Board NOT APPLICABLEObtain Copies Submit Statement(s) (date)GCMCA Review Administrative Board Date: NOT APPLICABLERecommendation of Commanding Officer (date): Separation Authority (date): Reason directed:CONVENIENCE OF...
NAVY | DRB | 2010_Navy | ND1000142

Original file (ND1000142.rtf) Auto-classification: Denied

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 personal appearance hearing, provided the application is received at the NDRB within 15 years of the...
NAVY | DRB | 2010_Navy | ND1002183

Original file (ND1002183.rtf) Auto-classification: Denied

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: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law A. Summary : After a thorough...
NAVY | DRB | 2011_Navy | ND1101973

Original file (ND1101973.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20050517 - 20060109Active: Period of Service Under Review: Date of Current Enlistment: 20060110Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090413Highest Rank/Rate:HM3Length of Service:Year(s)Month(s) 04 Day(s)Education Level:AFQT: 54EvaluationMarks:Performance:4.0(3)Behavior:3.3(3)OTA: 3.66Awards and Decorations (per DD 214):...
NAVY | DRB | 2007_Navy | ND0700031

Original file (ND0700031.rtf) Auto-classification: Denied

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD. With respect to a discharge adjudged by a court-martial, the action of the...

Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601032

Similar Decisions