Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601179
Original file (ND0601179.rtf) Auto-classification: Denied

ex-AN, USN
ND06-01179
Current Discharge and Applicant’s Request:

 Application Received:                               20 060912
Characterization of Service:                      
Narrative Reason for Separation:                          
Discharge Authority :                                MILPERSMAN 1910-106
Last Duty Assignment/ Command at Discharge:       cv 67 jf kennedy

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change 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)                                20010612 - 20010717
Active:

Period of Service Under Review :
Date of Enlistment:                                 20010718
Years Contracted :                                        
Date of Discharge:                                  20040506
Length of Service
          Active:                                      02 Yrs 09 Mths 19 D ys ( d oes not exclude lost time)
Time Lost During This Period:                      Days UA: 218     Days Confinement: None

Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 42
Highest Rate/Rank:                                   AN

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

Awards and Decorations (as listed on the DD Form 214): NONE


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

 20021030 :        NJP for violation s of UCMJ:
          Article 92: Failure to obey a lawful order on or about 20021029 by wrongfully consuming alcohol.
         Article 134: Drunk and disorderly on or about 20021029.
         Award: Forfeiture of $200.00 for 1 month, restriction and extra duty for 7 days.
         No indication of appeal in the record.

 20021107 :        Retention Warning: Advised of deficiency ( Failure to obey a lawful order on or about 20021029 by wrongfully consuming alcohol under the age of 21 at or near San Diego, California and drunk and disorderly on or about 20021029 at or near San Diego, California which resulted in CO’s NJP held on 20021030. , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
20030702:        Applicant to unauthorized absence at 0700.

20030707:        Applicant from unauthorized absence at 0700 (5 days/surrendered).

20030903:        Applicant to unauthorized absence at 0600.

20031002:        Applicant declared a deserter.

20040403:        Applicant from unauthorized absence at 1600 (apprehended by authorities at Chicago, IL, 213 days)

20040406:        Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence from 0600, 20030903 to 1600 20040403. (213 days/apprehended).

20040406 :        Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. He waived his right to consult with counsel . The Applicant stated he understood the elements of the offense with which he was charged, and admitted he was guilty of all the charges preferred against him. T he Applicant understood that if discharged under other than honorable conditions, it might deprive her/him of virtually all veterans' benefits based upon his current enlistment, and that he 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 .
20040407:        Commanding Officer, Transient Personnel Unit, Great Lakes, IL, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge with a characterization of service as under other than honorable condition in lieu of trial by court martial .



Elements of Discharge: [REQUESTED BY MEMBER]

 Discharge Process:                                            Voluntary: Requested by Member
Date Member Requested Separation :                           20040406
Member Requested Separation Due To:                       
Characterization Requested:                                  UNDER OTHER THAN HONORABLE CONDITIONS
m ember Recognized Least Favorable:                         
Recommendation of Commanding Officer (date):              NOT APPLICABLE
Discharge approved by (date):    COMMANDING OFFICER, TRANIENT PERSONNEL UNIT, GREAT LAKES, IL 20040407
Narrative reason directed:                                           
Characterization directed:      
Date Applicant Discharged :                                  20040506


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:             0
Other Documentation      (Describe Below)                 0

Total Number of Pages:                              1


Applicant’s Issues as Summarized by the Board:
The Applicant submitted the following issues.

1 . Eligibility for reenlistment

Issue 1 which 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 20040406 , i n a signed statement, the Applicant requested an administrative discharge under other than honorable conditions to escape trial by court-martial. In the request the Applicant waived his right to consult counsel and admitted guilt to the chargers preferred against him . The Applicant acknowledged that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he 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. The NDRB found that the Applicant's service equitably characterized.

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 Aug 2002 until 30 May 2005, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL Naval Military Personnel Manual Article       .

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, 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 | 2011_Navy | ND1100354

    Original file (ND1100354.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change in his RE code. 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...

  • NAVY | DRB | 2007_Navy | ND0700731

    Original file (ND0700731.doc) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Administrative Corrections to the Applicant’s DD 214 The NDRB did note administrative error(s) on the original DD Form 214: “PATTERN OF MISCONDUCT” The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate. Summary of...

  • USMC | DRB | 2011_Marine | MD1100024

    Original file (MD1100024.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues Nondecisional Issues: The Applicant seeks clemency in requesting an upgrade in the characterization of his service at discharge and a change in his reenlistment code (RE-Code) in order to facilitate reenlistment in the Armed Forces.Decisional Issues: The Applicant believes his post-service conduct is worthy of consideration. Decisional Issue (Clemency/Equity) CLEMENCY NOT...

  • NAVY | DRB | 2006_Navy | ND0600887

    Original file (ND0600887.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy and Marine Corps, and therefore is not authorized to change a reenlistment code. You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .The names and votes of the members of the Board are...

  • NAVY | DRB | 2010_Navy | ND1000196

    Original file (ND1000196.rtf) Auto-classification: Denied

    – None stated on the DD Form 293, however, in reviewing the Applicant’s request for clemency to the Court-Martial Convening Authority, the Applicant contended that his misconduct was mitigated by his personal family issues and sought consideration in the form of clemency to reducing his Bad Conduct Discharge to an administrative separation with an Under Other Than Honorable Conditions characterization of service. The NDRB conducted a thorough review of the available evidence, to include the...

  • NAVY | DRB | 2010_Navy | ND1002292

    Original file (ND1002292.rtf) Auto-classification: Denied

    The Applicant seeks an upgrade in the characterization of his service at discharge to General (Under Honorable Conditions), contending his characterization of service at discharge was inequitable; his misconduct was an isolated incident in what was an otherwise outstanding military career.The NDRB reviewed all of the available records, supporting documents, facts, elements of discharge, evidence submitted by the Applicant, and circumstances unique to this case. Summary : After a thorough...

  • NAVY | DRB | 2009_Navy | ND0901267

    Original file (ND0901267.rtf) Auto-classification: Denied

    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 | 2005_Navy | ND0500588

    Original file (ND0500588.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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

  • NAVY | DRB | 2005_Navy | ND0500935

    Original file (ND0500935.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “RE-Code.” The Applicant requests a documentary record discharge review. Documentation Only the service record was reviewed. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

  • NAVY | DRB | 2005_Navy | ND0501562

    Original file (ND0501562.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to entry level separation or uncharacterized. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19990129 –...