Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700172

Original file (ND0700172.rtf) Auto-classification: Denied

ex-CSSR, USN
ND07-00172

Current Discharge and Applicant’s Request

Application Received: 20061124 Characterization Received:

Narrative Reason: MISCONDUCT (AWOL) Authority: MILPERSMAN 1910-142

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. In Service - Equity

Decision

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

Date: 20 070912 Location: Washington D.C. The Board found that

Discussion

Issue 1 ( ) : 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. An under other than honorable conditions 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. T he Applicant ’ s service was marred by his violation of UCMJ Article 86 (unauthorized absence greater than 30 days). For the edification of the Applicant, t he 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 86 ( unauthorized absence for more than 30 days ) . 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.

Summary of Service

Prior Service:
Inactive: US N R (DEP)      20021125 - 20030407              Active:
Period of Service Under Review:
Date of Enlistment: 20030408      Years Contracted : 4 ; Extension:         Date of Discharge: 20050603
Length of Service : 2 Yrs 1 Mths 27 D ys    Lost Time : Days UA: Days Confine d :
Education Level: 12       Age at Enlistment: 24     AFQT: 61          Highest Rank /Rate : CSSA
Evaluation marks (# of occasions):       Performance: 2.0 ( 1 )       Behavior: 1.0 ( 1 )          OTA: 1.33
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20031020:        Applicant to unauthorized absence at 0700.

20031103:        Applicant from unauthorized absence at 0600 this date (13 days/surrendered).

20031125:        Applicant to unauthorized absence at 0600.

20031225:        Applicant declared deserter.

200 50409 :        Applicant from unauthorized absence this date ( 502 days) . [Extracted from DD 214]

Discharge Process

Date Notified:                                       20050509
Reason for Discharge:     -

Least Favorable Characterization:

Date Applicant Responded to Notification:                  20050509
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)                         ( NA )
         Administrative Board
         GCMCA review

Commanding Officer Recommendation (date):        ( 20050513 )
Separation Authority (date):     COMNAVPERSCOM ( 20050519 )
Reason for discharge directed: -
Characterization directed:
Date Applicant Discharged:       20050603

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:      Service and/or Medical Record:          Other Records:

Related to Post-Service Period:
         Employment:                        Finances:                          Education:
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:
         Family/Personal Status:                   Community Service:                References:

Additional Statements From Applicant:    From Representative:
Other Documentation (Describe)

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective
26 April 2005 until Present, Article 1910-142, 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 86(unauthorized absence greater than 30 days.)

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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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.

Employmen t / 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

USMC | DRB | 2006_Marine | MD0601074

Original file (MD0601074.rtf) Auto-classification: Denied

Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20050912Basis for Discharge: MISCONDUCT DUE TO Least Favorable Characterization: Commanding Officer’s Intended Recommendation: Record Supports Narrative Reason: YESDate Applicant Responded to Notification: 20050912Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)Recommendation of Commanding Officer (date): UNDER OTHER THAN HONORABLE CONDITIONS(20050923) SJA...
NAVY | DRB | 2008_Navy | ND0801109

Original file (ND0801109.rtf) Auto-classification: Denied

The Board determined an upgrade 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 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...
USMC | DRB | 2008_Marine | MD0800774

Original file (MD0800774.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall MISCONDUCT.Discussion : 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. After a thorough review of the available evidence, to include the Applicant’s Summary of Service,Service Record, Discharge Process and evidence submitted by the Applicant, the Board found that Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to a...
NAVY | DRB | 2010_Navy | ND1001126

Original file (ND1001126.rtf) Auto-classification: Denied

The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the requirements of conduct expected of all Sailors, especially one of his length of service, and falls short of what is required for an upgrade.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found Therefore, the awarded...
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 | 2010_Navy | ND1000904

Original file (ND1000904.rtf) Auto-classification: Denied

It also included summary courts-martial for of the UCMJ: Article 86 (Unauthorized absence, 12 specifications) and Article 134 (Breaking restriction, 2 specifications).Based on the offenses committed by the Applicant, command administratively processed for separation.When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request an administrative board. Relief denied.Summary:...
NAVY | DRB | 2010_Navy | ND1001308

Original file (ND1001308.rtf) Auto-classification: Denied

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain . ” 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 Applicant’s date of...
NAVY | DRB | 2008_Navy | ND0800896

Original file (ND0800896.rtf) Auto-classification: Denied

The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post service conduct mitigates the reason for the characterization of discharge.The Board determined based on post service documentation provided an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record...
NAVY | DRB | 2011_Navy | ND1101370

Original file (ND1101370.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated to Military Service: DD 214:Service/Medical Record:Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Rehabilitation/Treatment: Criminal Records: Personal Documentation: Community Service: References: Department of VA letter: Other Documentation: Additional Statements:From Applicant: From/To Representation:From/ToCongress member: Pertinent Regulation/Law A. DEPARTMENT OF THE NAVYNAVAL...
USMC | DRB | 2008_Marine | MD0800977

Original file (MD0800977.rtf) Auto-classification: Denied

The Board determined the post service documentation and statements provided by the Applicant and did not mitigate the in service misconduct that resulted in the characterization of discharge. At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade. ” 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...

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700172

Similar Decisions