Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601037
Original file (ND0601037.rtf) Auto-classification: Denied

ex-YN3, USN
ND06-01037

 Current Discharge and Applicant’s Request :

Application Received:                               20 060801
Narrative Reason for Separation:                          
                                                     
Character of Service:                               
Discharge Authority :                                MILPERSMAN 1910-142
Last Duty Assignment/ Command at Discharge:       USS ENTERPRISE CVN 65

Applicant’s Request:
          Narrative Reason change to:                N/A
         Characterization chang e to:               
         Review Requested :                          
Representation:                                             


Decision:

Date of Decision:                                             20 0070709
The Discharge shall :                     
                                                     
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         
Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       



Applicant’s Issues as Summarized by the Board:
1. Propriety/Equity – Civilian Offense unrelated to Military
2. Equity – Isolated Incident



Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                20000612 - 20000712
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 20000713
Years Contracted :                                   ;      
Date of Discharge:                                  20030626
Length of Service:                                  02 Yrs 11 Mos 14 Days Does not exclude lost time, if any.
Time Lost During This Period:                     
Days Unauthorized Absence:                              
Days Confinement:                                        

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 72
Highest Rate/Rank:                                   YN3

Performance Evaluation Averages (number of marks):
 Performance :                                         3.7 (3)
Behavior :                                            4.0 (3)
OTA :                                                   3.6
Extracted from:
Applicant’s Supporting Documents Other:      

Awards and Decorations (as listed on the DD Form 214):
NAVY UNIT COMMENDATION, MERITORIOUS UNIT COMMENDATION, NATIONAL DEFENSE SERVICE MEDAL, ARMED FORCES EXPEDITIONARY MEDAL, SEA SERVICE DEPLOYMENT RIBBON, ENLISTED SURFACE WARFARE SPECIALIST, ENLISTED AVIATION WARFARE SPECIALIST



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

20030301 :        Applicant was arrested by the Norfolk Police Department and charged with robbery and use of a firearm in the commission of a felony.

20030425:        Applicant ’s statement.


Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                        2003030 5
Reason for Discharge                               
                                                     
Least Favorable Characterization:                         
Record Supports Narrative Reason :                         
Date Applicant R esponded to N otification:                 20030422
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s)                       
GCMCA Review                               
                                                     
Recommendation of Commanding Officer (date):     20030502
Discharge directed by (date):                       COMCRUDESGRU TWELVE 20030621
Narrative reason directed :                                  
Characterization directed:                                 
Date Applicant Discharged:                         20030626


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 :                              32
         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:             0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              32



Applicant’s Issues as Summarized by the Board:
1. Propriety/Equity – Civilian Offense unrelated to Military
2. Equity – Isolated Incident

The Applicant argues that his discharge should be upgraded because he was discharged for a civilian offense that was unrelated to the military. Members may be separated for Misconduct due to commission of a serious offense based on a serious military or civilian offense when specific circumstances of offense warrant separation , and the offense would warrant a punitive discharge per MCM, appendix 12 for same or closely related offense. The Applicant was charged with Robbery and Use of a Firearm in the commission of a Felony. Violations of Article 122 (Robbery) and Article 134 (Assault With Intent To Commit Robbery) are considered serious offenses for which a punitive discharge is authorized. Additionally pursuant to Naval Military Personnel Manual (NAVPERS), Article 1910-142, processing is mandatory for misconduct which resulted in or had potential to result in death or serious bodily injury. Examples given in that section include armed robbery and assault with a deadly weapon. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable. Relief denied.

The Applicant states his discharge was based “on one isolated incident in 28 months of service with no adverse action.” Despite a service member’s record of service, certain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline. Mandatory processing for separation is required for Sailors who commit armed robbery. Separation under these conditions generally results in characterization of service under other than honorable conditions. There is credible evidence in the record that the Applicant committed Robbery and used a firearm during the robbery in question. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

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), re-issued October 2002, effective 22 August 2002 until 25 January 2004, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.
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 s of UCMJ, Article 122 (Robbery) and Article 134 (Assault With Intent To Commit Robbery) .

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, provi ded 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 grante d 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 | 2005_Navy | ND0501212

    Original file (ND0501212.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Applicable regulations permit commanding officers, in certain types of serious misconduct, even though alleged, to make a determination as to the potential for further naval service for service members under their charge. After a review of the Applicant’s service record and evidence presented to the NDRB from the Trial Order from the Circuit Court of the City of...

  • NAVY | DRB | 2006_Navy | ND0601027

    Original file (ND0601027.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20040130Reason for Discharge MISCONDUCT – COMMISSION OF A SERIOUS OFFENSELeast Favorable Characterization: Date Applicant Responded to Notification: 20040130Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) GCMCA Review Administrative Board Date: NOT APPLICABLERecommendation of Commanding Officer (date): Discharge directed by (date):COMMANDING OFFICER, U.S. NAVY...

  • USMC | DRB | 2006_Marine | MD0601044

    Original file (MD0601044.rtf) Auto-classification: Denied

    ex-LCPL, USMCMD06-01044Current Discharge and Applicant’s Request: Application Received: 20060804Narrative Reason for Separation: COMMISSION OF A SERIOUS OFFENSE/WAIVED BOARD Character of Service:Discharge Authority: MARCORSEPMAN 6210.6Last Duty Assignment/Command at Discharge: 8THESBN 2DFSSGApplicant’s Request:Narrative Reason change to: NONEREQUESTEDCharacterization change to:Review Requested:Representation: Decision: Date of Decision: 20070614Location of Board: Washington D.C.Complete...

  • NAVY | DRB | 2006_Navy | ND0601109

    Original file (ND0601109.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation Record not available. Additional Information Considered by Board Type of documentation submitted by the Applicant and considered by the Board Document Type #Pages Related to Period of Service Under Review:Service/Medical Record:23Other Period of Service: 0Related to Post-Service Period: Community Service:0Education: 1 Employment: 1Health/Medical:0 Character Statements: 0 Criminal Records...

  • NAVY | DRB | 2006_Navy | ND0600810

    Original file (ND0600810.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall .Summary of Service:Prior Service: Inactive: USNR (DEP) 19980330-19980825Active: NONE Period of Service Under Review: Date of Enlistment: 19980826Years Contracted:; Date of Discharge: 19990331Length of Service: 00Yrs 07 Mos 04 DaysTime Lost During This Period: 1Days Unauthorized Absence: 1Days Confinement: NONEEducation Level: Age at this Enlistment: AFQT: 96Highest Rate/Rank:FNPerformance Evaluation Averages (number of marks):Performance: NOT FOUND IN...

  • NAVY | DRB | 2009_Navy | ND0900585

    Original file (ND0900585.rtf) Auto-classification: Denied

    The NDRB determined the awarded discharge characterization was appropriate and an upgrade founded upon the Applicant’s record of service 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,...

  • NAVY | DRB | 2004_Navy | ND04-00726

    Original file (ND04-00726.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. Pertinent Regulation/Law (at time of discharge)A.Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED...

  • NAVY | DRB | 2009_Navy | ND0900322

    Original file (ND0900322.rtf) Auto-classification: Denied

    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 | 2006_Navy | ND0601173

    Original file (ND0601173.rtf) Auto-classification: Denied

    Despite a servicemember’s prior record of service, certain serious offenses, though isolated, warrant separation from the naval service in order to maintain proper order and discipline. Elements of Discharge: [INVOLUNTARY] Date Notified:NOT FOUND IN RECORDReason for Discharge Least Favorable Characterization Authorized: Date Applicant Responded to Notification: NOT FOUND IN RECORDRights Elected at Notification:Consult with Counsel Administrative Board SEPARATION CODE INDICATES BOARD...

  • NAVY | DRB | 2006_Navy | ND0600990

    Original file (ND0600990.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. 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, Articles86, Absence without...