Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601197
Original file (ND0601197.rtf) Auto-classification: Denied
ex-HN, USN
ND06-01197

 Current Discharge and Applicant’s Request :

Application Received:                               20 060920
         Characterization of Service:             
         Reason for Discharge :                      -
         Discharge Authority :                       MILPERSMAN 1910-146 and BUPER 221001ZAUG05
         Duty Assignment/ Command at Discharge:    1 ST MARINE DIVISION, CAMP PENDLETON, CA

Applicant’s Request:    
         Characterization change to:              
         Narrative Reason change to:              
         Review Requested:                         
         Representation:                             
Applicant’s Issues as Summarized by the Board:    1. Equity – In service
                                                     
Decision:

 By a vote of the Characterization shall .     
By a vote of the Reason for Discharge shall - .
Date of Decision:                                            20 070802
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:        

Discussion

 Issue 1 (Equity). The Applicant requests upgrade of his service based on his performance while in service. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by one non-judicial punishment proceeding for violation of UCMJ Article 112a (wrongful use, possession, etc… of a controlled substance). Article 112a is considered a serious offense for which a punitive discharge is authorized at courts martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.

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. 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.


Summary of Service:

 Prior Service:
 Inactive: USNR (DEP)                                20010731 - 20010930
Active:                                             

Period of Service Under Review :
Date of Enlistment:                                 20011001
Years Contracted :                                   ; Extension:
Date of Discharge:                                  20050826
Length of Service                                             3 YRS 10 MOS 26 D AYS
Time Lost During This Period:             NONE
Days Unauthorized Absence:                         NONE
Days Confinement:                                   NONE

 Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 66
Highest Rate/Rank:                                   HN

Performance Evaluation Averages (number of marks):
 Performance : 3.50 ( 2 )
Behavior : 4.00 ( 2 )
OTA : 3.75
Extracted from:
Applicant’s Supporting Documents Other:      

Awards and Decorations (as listed on the DD Form 214):
NATIONAL DEFENSE SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, PISTOL MARKSMANSHIP MEDAL, GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL W/EGA, GLOBAL WAR ON TERRORISM SERVICE MEDAL


Service Record Entries Related to Characterization of Service or Reason for Discharge

 20040804 :         NAVDRUGLAB, San Diego, CA, reported Applicant’s urine sample, received 20040728 , tested positive for ( THC ).

20040901 :        NJP for violation(s) of UCMJ:
         Article 112A : Wrongful use of a controlled substance, specifically marijuana.
         Award: Forfeiture of $ 7 00 .00 for 2 month s , restriction and extra duty for 45 days , reduction to E- 2 .
         No indic ation of appeal in the record.













Elements of Discharge

Discharge Process :                                 
Date Notified :                                        20040916
Reason for Discharge                                -

Least Favorable Characterization Authorized :    

Date Applicant R esponded to N otification:                 20040916
Rights E lected at N otification :
Consult with Counsel                      
Obtain Copies of Documents                
Submit Statement(s) (date)                               
Administrative Board                      
GCMCA Review                               

Administrative Board Date :                         20050518
         Findings, by preponderance of the evidence:      By - .
                                                       By - .
                                                       .
                                                       By separation warranted.
         Recommendation on Separation:             By      
         Recommendation on Characterization:      By

Commanding Officer R ecommendation (date):        ( 20050701 )
Separation Authority (date):      COMNAVPERSCOM ( 20050822 )
         Reason for discharge directed :             -
         Characterization directed:                         GENERAL (UNDER HONORABLE CONDITIONS)
Date Applicant Discharged:                         20050826

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:                             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

Total Number of Pages:                               1


Pertinent Regulation/Law

 A . The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective
29 April 2005 until Present, Article 1910-146, Separation by Reason of Misconduct - Drug Abuse.
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 112a , Wrongful use, possession, etc… of a controlled substance .


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 | 2006_Navy | ND0601113

    Original file (ND0601113.rtf) Auto-classification: Denied

    Service Record Entries Related to Characterization of Service or Narrative Reason for Separation Record not available. 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. Additionally, the NDRB does not have the authority to...

  • 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 | ND0601007

    Original file (ND0601007.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: NOT FOUND IN RECORDDate Notified:NOT FOUND IN RECORDNarrative Reason(s): NOT FOUND IN RECORDLeast Favorable Characterization: NOT FOUND IN RECORD Record Supports Narrative Reason: NOT FOUND IN RECORDDate Applicant Responded to Notification: NOT FOUND IN RECORDRights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) GCMCA Review Recommendation of Commanding Officer (date): NOT FOUND IN...

  • NAVY | DRB | 2006_Navy | ND0601146

    Original file (ND0601146.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation NONE Elements of Discharge: [INVOLUNTARY] Date Notified:20020322Reason for Discharge due to: Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20020411Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer...

  • NAVY | DRB | 2007_Navy | ND0700030

    Original file (ND0700030.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Date Notified:20040114Reason for Discharge Least Favorable Characterization Authorized: Date Applicant Responded to Notification: 20040114Rights Elected at Notification:Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date)Administrative Board GCMCA Review Commanding Officer Recommendation (date): (20040116)Separation Authority (date):COMMANDER, CARRIER GROUP SIX (20040124)Reason for discharge directed:Characterization directed:Date...

  • NAVY | DRB | 2006_Navy | ND0601019

    Original file (ND0601019.rtf) Auto-classification: Denied

    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 (PER DD FORM 214 BLOCK 26, SEPARATION CODE)Obtain Copies Submit Statement(s) Administrative Board Date: NOT APPLICABLERecommendation of Commanding Officer (date): Separation Authority (date):Narrative reason directed:Characterization directed: Date...

  • NAVY | DRB | 2006_Navy | ND0601058

    Original file (ND0601058.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20040908Reason for Discharge Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20040908Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer (date): 20040928Discharge directed by (date):COMNAVAIRLANT NORFOLK 20041004Narrative reason...

  • 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 | ND0601208

    Original file (ND0601208.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20000318Reason for Discharge - Least Favorable Characterization Authorized: Date Applicant Responded to Notification: 20000318Rights Elected at Notification:Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date)Administrative Board GCMCA Review Commanding Officer Recommendation (date): (20000322)Separation Authority (date):COMMANDER, CRUISER DESTROYE GROUP TWO (20000412)Reason for discharge directed: -...

  • USMC | DRB | 2006_Marine | MD0600999

    Original file (MD0600999.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: ADMINISTRATIVE BOARD PROCEDUREDate Notified:20011023Narrative Reason(s): MISCONDUCTdue to Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20011023Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) Board Date: not applicable Recommendation of Commanding Officer (date): UNDER...