Upgrade.Vet

NAVY | DRB | 2006_Navy | ND0601203

Original file (ND0601203.rtf) Auto-classification: Denied

, ex-AA, USN
ND06-01203

Current Discharge and Applicant’s Request:

Application Received:                               20 06092 1
Characterization of Service:                       conditions
Narrative Reason for Separation:
Discharge Authority :                                MILPERSMAN 1910-146
Last Duty Assignment/ Command at Discharge:       uss dwight d eisenhower (cvn 69 )

Applicant’s Request:
         Characterization change to:
         Narrative Reason change to:
         Review Requested:
         Representation:
Issues (as summarized by NDRB):                   1. Reenlist
                                                      2. Isolated incident.
                                                      3. Post service conduct – Submitted seven letters of recommendation.

Decision:

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

Date of Decision:                                            20 070809
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 : 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 .

Decisional Issues:

Issue 2 ( ): The Applicant stated h is discharge was based on one isolated incident. 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. The Applicant admitted at Commanding Officer’s nonjudicial punishment and to medical personnel his in-service use of cocaine which forms the basis for his discharge. The Applicant waived his right to an administrative board and to seek council. T he discharge authority directed the Applicant’s discharge after ensuring compliance with MILPERSMAN 1910-146.

Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Based upon the record, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the United States Navy. An “other than honorable conditions” characterization of service 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. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers the discharge proper and equitable.

Issue 3 (Equity): The NDRB is authorized to consider post-service factors in the re characterization of a discharge . However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided seven letters of recommendation as documentation of his post-service accomplishments. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities. The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in his characterization of service at the time of discharge.

Summary of Service:

Prior Service:
Inactive: USNR (DEP)                                20030519 - 20030717
Active:

Period of Service Under Review :
Date of Enlistment:                                 20030718
Years Contracted :
Date of Discharge:                                  20041029
Length of Service
         Active:                                     01 Yrs 03 Mths 12 D ys ( d oes not exclude lost time)

Time Lost During This Period:                      Days UA: 15      Days Confinement: None

Education Level:
Age at this Enlistment:
AFQT:                                                 71
Highest Rate/Rank:                                   AN

Performance Evaluation Averages (number of marks):
                                                      Performance : 4.0 ( 1 ) Behavior : 2.0 ( 1 ) OTA : 2.67

Awards and Decorations (as listed on the DD Form 214): NATIONAL DEFENSE SERVICE MEDAL

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

20040903:        Applicant to unauthorized absence 0700.

20040918:        Applicant from unauthorized absence 1800 (15 days/surrendered).

20041004 :         NAVDRUGLAB, Jacksonville, FL , reported Applicant’s urine sample, received 20040928 , tested positive for cocaine.

20041013 :        NJP for violation of UCMJ:
         Article 112a: Wrongful use of cocaine on or about 20041018.


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

Undated :         Psychiatric Clinic Questionnaire , Applicant admitted use of Cocaine 20041017.

20040918:        Psychiatric consult at Naval Medical Center Portsmouth, “...has been UA for the past three weeks....has                   shown up to work unfit and has driven while intoxicated...yesterday he tried cocaine.... ” Diagnosis – Alcohol              dependence and adjustment disorder.

Elements of Discharge: [INVOLUNTARY]

Date Notified :                                        20041013
Reason for Discharge                                due to:
Least Favorable Characterization Authorized :

Date Applicant R esponded to N otification:                 20041013
Rights E lected at N otification :
Consult with Counsel
Administrative Board
Obtain Copies
Submit Statement(s) (date)

Commanding Officer R ecommendation (date):        OTHER THAN HONORABLE ( 20041020 )
Separation Authority (date):      COMNAVAIRLANT ( 20041027 )
         Narrative reason directed :                          MISCONDUCT
         Characterization directed:                         OTHER THAN HONORABLE
Date Applicant Discharged:                         20041029

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 :                            4
         Other Period of Service:                                    0
Related to Post-Service Period:
         Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                     0
         Character Statements:                               21
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:             2
Other Documentation      (Describe Below)                 0

Total Number of Pages:                            27

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug ust 2002 until
28 April 2005, Article 1910-146 (formerly 3630620), 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, Artic le 112a (wrongful use 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 | 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 | 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 | ND0601029

Original file (ND0601029.rtf) Auto-classification: Denied

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation No applicable records found. Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20020823Reason for Discharge MISCONDUCT – Drug abuseMISCONDUCT – PATTERN OF MISCONDUCTLeast Favorable Characterization: Date Applicant Responded to Notification: 20020823Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement GCMCA...
NAVY | DRB | 2006_Navy | ND0601116

Original file (ND0601116.rtf) Auto-classification: Denied

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation Record not available. Decisional Issues: Issue 1 ().There is credible evidence in the record that the Applicant used illegal drugs, and he admits to doing so. ” 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.
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 | ND0601081

Original file (ND0601081.rtf) Auto-classification: Denied

By a vote of the Reason for Discharge shall - .Summary of Service:Prior Service: Inactive: NONEActive: NONE Period of Service Under Review: Date of Enlistment: 20000330Years Contracted: YRSDate of Discharge: 20040823Length of Service: 04Yrs 04 Mos 24 DaysTime Lost During This Period: Education Level: Age at this Enlistment: AFQT: 32Highest Rate/Rank:SK3Performance Evaluation Averages (number of marks):Performance: 3.4 (5)Behavior: 3.2 (5)OTA:3.33Awards and Decorations (as listed on the DD...
NAVY | DRB | 2006_Navy | ND0601133

Original file (ND0601133.rtf) Auto-classification: Denied

Elements of Discharge: [INVOLUNTARY] Date Notified:20000620Reason for Discharge due to: Least Favorable Characterization: Date Applicant Responded to Notification: 20000620Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)Recommendation of Commanding Officer (date): (20000627)Separation Authority (date):COMMANDER, NAVAL TRAINING CENTER, GREAT LAKES (20000705)Narrative reason directed:Characterization directed: Date Applicant...
NAVY | DRB | 2006_Navy | ND0601144

Original file (ND0601144.rtf) Auto-classification: Denied

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation NONE Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20041022Reason for Discharge due to: due to: Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20041022Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding...
NAVY | DRB | 2007_Navy | ND0700199

Original file (ND0700199.rtf) 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 Summary of Service Prior Service: Inactive: USNR (DEP)20040514 - 20040609Active: Period of Service Under Review: Date of Enlistment: 20040610Years Contracted:; Extension: Date of Discharge:20041029 Length of Service: 00 Yrs 04Mths20 DysLost Time:Days UA: Days Confined: Education...
NAVY | DRB | 2006_Navy | ND0601205

Original file (ND0601205.rtf) Auto-classification: Denied

]19990602: NJP for violation of UCMJ: Article 112a(Wrongful use of controlled substance, cocaine) 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 Obtain Copies of Documents Submit Statement(s) (date)Administrative Board SEPARATION CODE INDICATES WAIVEDGCMCA Review Administrative Board Date...

Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0601203

Similar Decisions