Upgrade.Vet

NAVY | DRB | 2006_Navy | ND0601200

Original file (ND0601200.rtf) Auto-classification: Denied

ex-AN, USN
ND06-01200

Current Discharge and Applicant’s Request:

Application Received:                               20 060921
Characterization of Service:
Narrative Reason for Separation:
Discharge Authority :                                MILPERSMAN MILPERSMAN 1910-142
Last Duty Assignment/ Command at Discharge:       VF-103 NAS OCEANA VIRGINIA BEACH VA

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:
         Review Requested:
         Representation:
Applicant’s Issues as Summarized by the Board    1: Equity – Re-enlistment
                                                      2. Equity – Post-service

Decision:

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

Date of Decision:                                            20 070816
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

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

Issue 2 (Equity). The Applicant provided one character letter in support of his request for upgrade. The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 re - characterization 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, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge.

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.

Summary of Service:

Prior Service:
Inactive: USNR (DEP)                                19980827 - 19980914
Active:
Period of Service Under Review :
Date of Enlistment:                                 19980915
Years Contracted :                                   ;
Date of Discharge:                                  20030328
Length of Service
         Active:                                     04 Yrs 06 Mths 14 D ys ( d oes not exclude lost time)
         Inactive:                                            00 Yrs 00 Mths 00 D ys

Time Lost During This Period:                      Days UA: 109     Days Confinement: Unknown

Education Level:
Age at this Enlistment:
AFQT:                                                 32
Highest Rate/Rank:                                   AN

Performance Evaluation Averages (number of marks):
                                    Performance : 3.0 ( 3 ) Behavior : 2.0 ( 3 ) OTA : 2.5 6

Awards and Decorations (as listed on the DD Form 214): SEA SERVICE DEPLOYMENT RIBBON/ARMED FORCES EXPEDITIONARY MEDAL/NATIONAL DEFENSE SERVICE MEDAL/BATTLE "E" RIBBON

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

19990523:        Applicant to unauthorized absence 0730.

19990602:        Retention Warning: Advised of deficiency (Violation of UCMJ Articles 86, Unauthorized absence in which you were awarded Commanding Officer’s nonjudicial punishment on 19990628.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

19990622:        Applicant from unauthorized absence 0930 ( 30 days/apprehended).

19990628 :        NJP for violation(s) of UCMJ:
         Article 86 :
         Award: Forfeiture of $ 479 .00 for 2 months, extra duty for 45 days, reduction to E- 1 .
         No indication of appeal in the record.
19990629:        Applicant EAOS adjusted to 20021013.

19990908:        Retention Warning: Advised of deficiency (Violation of UCMJ Article 86, Failure to go to appointed place of duty where you were awarded punishment at CO’s NJP on 19991001.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

19991001 :        NJP for violation(s) of UCMJ:
         Article 86: Failure to go to appointed place of duty on 19990913.
         Award: Forfeiture of $ 479 .00 for 1 month, restriction and extra duty for 30 days.
         No indication of appeal in the record.

19991021 :        NJP for violation(s) of UCMJ:
         Article 86: Absence from unit, organization, or place of duty.
         Award: R estriction and extra duty for 30 days.
         No indication of appeal in the record.

20011021:        Retention Warning: Advised of deficiency (Violation of UCMJ Article 86 absence from unit, organization, or place of duty where you were awarded punishment at CO’s NJP on 19991021.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

20020621:        Applicant to unauthorized absence 0700.

20020621:        Applicant missed ship’s movement.

20020806:        Applicant from unauthorized absence 1300 (47 days/surrendered).

20020823:        Applicant to unauthorized absence 0700.

20020925:        Applicant from unauthorized absence 1300 (32 days/surrendered).

20020925:        Applicant to pretrial confinement at Norfolk Naval Brig.

20021029 :        Summary Court-Martial .
         Charge I : V iolation of the UCMJ, Article 86:
         Specification: Unauthorized absence.
         Charge II: Violation of UCMJ, Article 121:
         Specification: Larceny.
         Finding: To Charge I and II and the specifications thereunder, guilty.
         Sentence: Forfeiture of $495.00, confinement for 30 days, reduction to E-1.
         CA action: Not found ins service record.

Elements of Discharge: [INVOLUNTARY]

Discharge Process :
Date Notified :                                        200301 0 9
Reason for Discharge                                due to:
Least Favorable Characterization Authorized :

Date Applicant R esponded to N otification:                 20030119
Rights E lected at N otification :
Consult with Counsel
Administrative Board
Obtain Copies
Submit Statement(s) (date)
GCMCA Review

Commanding Officer R ecommendation (date):        ( 20030102 )
Separation Authority (date):      COMNAVAIRLANT NORFOLK VA ( 20030313 )
         Narrative reason directed :
         Characterization directed:
Date Applicant Discharged:                         20030328

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

Total Number of Pages:                            2

Pertinent Regulation/Law

A. Naval Military Personnel Manual Article 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 of the UCMJ, Article s 86 (unauthorized absence for more than 30 days), 87 (missing movement) , and 121 (larceny) .

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 | 2007_Navy | ND0700338

Original file (ND0700338.rtf) Auto-classification: Denied

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge 19941015 Applicant to unauthorized absence this date.19941025: Applicant from unauthorized absence this date (10 days/surrendered).19941127: NJP -- Viol UCMJ Art. Discharge Process Date Notified: Reason for Discharge:Least Favorable Characterization: Date Applicant Responded to Notification: Date Applicant Discharged: 19991001 Types of Documents Submitted by Applicant and Considered By BoardRelated...
NAVY | DRB | 2006_Navy | ND0600365

Original file (ND0600365.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). In closing I would like to thank you for taking the time to review my file and considering my request.Sincerely, [signed] N_ M. M_ (Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4) PART II - SUMMARY OF SERVICE...
NAVY | DRB | 2003_Navy | ND03-00004

Original file (ND03-00004.rtf) Auto-classification: Denied

), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.991229: Vacate suspended forfeiture awarded at CO’s NJP dated 991210 due to continued misconduct. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.991230: Applicant to unauthorized absence 0550, 991230. No indication of appeal in the record.000204: NJP for violation...
USMC | DRB | 2006_Marine | MD0601155

Original file (MD0601155.rtf) Auto-classification: Denied

Suspended for 6months.Not appealed.19991101: Administrative separation under other than honorable conditions by reason of misconduct due to a pattern of misconduct was approved by CG, 2dFSSG. 20000209: NJP for violation(s) of UCMJ: Article 86: UA (AWOL) from 1301, 20000121 to 0945, 20000202 (11 days). 20000214: Vacation of suspended administrative separation under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
NAVY | DRB | 2003_Navy | ND03-01067

Original file (ND03-01067.rtf) Auto-classification: Denied

The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 Service Record (3 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 990524 - 990527 COG Active: None Period of Service...
USMC | DRB | 2006_Marine | MD0601105

Original file (MD0601105.rtf) Auto-classification: Denied

ex-Pvt, USMCMD06-01105Current Discharge and Applicant’s Request: Application Received: 20060815Narrative Reason for Separation: COURT-MARTIALCharacter of Service:Discharge Authority: MARCORSEPMAN 1105Last Duty Assignment/Command at Discharge: MWSS-371 MWSG-37 3DMAW MCAS YUMA AZApplicant’s Request:Narrative Reason change to: NONE REQUESTEDCharacterization change to:Review Requested:Representation: Decision: Date of Decision: 20070706 Location of Board: Washington D.C.Complete Service...
NAVY | DRB | 2006_Navy | ND0601034

Original file (ND0601034.rtf) Auto-classification: Denied

Wrongfully use cocaine on 19920925.19921024: Additional charge referred to special court-martial, to be tried together with charges referred on 19921007.19921029: Applicant to unauthorized absence 2100.30: Applicant missed movement.19921109: Applicant from unauthorized absence 0900 (11 days/surrendered).19921215: Special Court Martial [19921125 and 19921221]: Charge I: violation of the UCMJ, Article 86: Specification: Unauthorized absence 19920812 until on or about 19920923. Whenever a...
NAVY | DRB | 2003_Navy | ND03-00752

Original file (ND03-00752.rtf) Auto-classification: Denied

ND03-00752 Applicant’s Request The application for discharge review was received on 20030328. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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:Naval Council of Personnel Boards Attn: Naval Discharge Review Board 720 Kennon Street SE Rm 309 Washington Navy Yard DC 20374-5023
USMC | DRB | 2002_Marine | MD02-00373

Original file (MD02-00373.rtf) Auto-classification: Denied

Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered: Letter from applicantCopy of DD Form 214 Applicant's DD Form 214 worksheetDept of Otolaryngology ltr dtd 9 Feb 99Referral for Civilian Medical Care dtd 9 Feb 99Naval Medical Center Portsmouth Telephone Consultation dtd 19 Aug 99Travel Authorization Service Record pages (41 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...
NAVY | DRB | 2001_Navy | ND01-01012

Original file (ND01-01012.rtf) Auto-classification: Denied

Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: None Period of Service Under Review :Date of Enlistment: 970227 Date of Discharge: 990920 Length of Service (years, months, days):Active: 02 00 17 Inactive: 00 06 06 No indication of appeal in the record.990803: Applicant...

Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601200

Similar Decisions