Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700310

Original file (ND0700310.rtf) Auto-classification: Denied

ex-AOAA, USN
ND07-00310

Current Discharge and Applicant’s Request

Application Received: 20070118 Characterization Received:
Narrative Reason: DEFECTIVE ENLISTMENT AND INDUCTION - FRAUDULENT ENTRY INTO NAVAL SERVICE

Authority: MILPERSMAN 1910-134

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1 Unable to reenlist due to Re 4 Code
                           2. Fraud ulent Enlistment Unintentional

Decision

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall read FRAUDULENT ENTRY INTO THE NAVAL SERVICE .

Date: 20071018                                              Location: Washington D.C.

Discussion

Issue 1 . a matter in which the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the attached Addendum for information regarding Reenlistment /RE-code .

Issue 2 . 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/or the reason for discharge if such change is warranted. On 22 Jun 02 the Applicant si gned an agreement to enter the Navy indicating that she had only two dependents . The Applicant also indicated on two other documents, a Security clearance Application signed 20 Jun 02 and a Record of Emergency Data Form signed on 22 Jan 03 , that she had only two dependents. The Applicant certified that the information provided on both documents was correct knowing that she had misrepresented her number of dependent s . Applicant alleges that the recruiter told her t hat in order to get into the Navy she must report that she only had two children. However, even if t he recruiter did make such a re commendation , the Applicant knew or should have known that she was providing false information on an official application . The Board found that the above mentioned documentation and statements provided for review indicate that the Applicant deliberately misrepresented her number of dependents in order to enlist in the Navy and the Applicant’s concealment of facts which, if known at the time would have reasonably been expected to preclude, postpone, or otherwise affect the Applicant’s eligibility for enlistment or induction . There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s fraudulent enlistment is clearly documented.

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, 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 :

         “ FRAUDULENT ENTRY INTO MILITARY SERVICE ”

The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.

Summary of Service

Prior Service:
Inactive: US N R (DEP)      20020062 - 20030121              Active:
Period of Service Under Review:
Date of Enlistment: 20030122      Years Contracted : ; Extension: Date of Discharge: 20030828
Length of Service : 00 Yrs 07 Mths 07 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 50          Highest Rank /Rate : AOAA
Evaluation marks (# of occasions):       Performance: N/A          Behavior: N/A     OTA: N/A
Awards and Decorations ( per DD 214): NATIONAL DEFENSE SERVICE MEDAL

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

200306 30          NJP -- Viol UCMJ Art. 92 - Failure to obey order or regulation .
         Awarded - FOP ( $ 250.00 for 1 month).

Discharge Process

Date Notified:                                       200 3 0819
Reason for Discharge:     -
Least Favorable Characterization:

Date Applicant Responded to Notification:                  200 3 0819
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)                         ( 20030807 )
         Administrative Board
         GCMCA review

Commanding Officer Recommendation (date):        (20030923)
Separation Authority (date):     COMMANDING OFFICER, AIR TEST AND EVALUATION SQUADRON THREE ONE ( 20030818 )
Reason for discharge directed: -
Characterization directed:
Date Applicant Discharged:       20030828

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. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until
25 January 2004, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 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, provided 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 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.

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 | 2012_Navy | ND1200045

Original file (ND1200045.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends he did not fraudulently enlist, because when he enlisted he did not know that the child was his.2. Relief 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...
NAVY | DRB | 2011_Navy | ND1101914

Original file (ND1101914.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 | 2009_Navy | ND0901263

Original file (ND0901263.rtf) Auto-classification: Denied

Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall change to SECRETARIAL AUTHORITY. ” 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...
NAVY | DRB | 2011_Navy | ND1101254

Original file (ND1101254.rtf) Auto-classification: Denied

Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entriesand discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ”...
NAVY | DRB | 2003_Navy | ND03-01003

Original file (ND03-01003.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AOAA, USN Docket No. ND03-01003 Applicant’s Request The application for discharge review, received 20030522, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 920907: Commanding Officer recommended discharge with an under other than honorable conditions by reason of defective enlistment and induction into the Naval...
NAVY | DRB | 2013_Navy | ND1301085

Original file (ND1301085.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20080305 - 20080824Active: Period of Service Under Review: Date of Current Enlistment: 20080825Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20090520Highest Rank/Rate:CSSRLength of Service:Year(s)Month(s) 25 Day(s)Education Level:AFQT: 35EvaluationMarks:Performance:3.0(1)Behavior:3.0(1)OTA: 3.00Awards and Decorations (per DD 214):Periods of...
USMC | DRB | 2015_Marine | MD1501153

Original file (MD1501153.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The Applicant’s record of service included no 6105 counseling warnings and no misconduct resulting in nonjudicial punishment or court-martial. ” 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 discharge.
NAVY | DRB | 2013_Navy | ND1301327

Original file (ND1301327.rtf) Auto-classification: Denied

Based on the Applicant’s record of service, the Applicant’s command discharged her with an Honorable characterization of service. ” 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 discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2009_Navy | ND0900619

Original file (ND0900619.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, and Discharge Process, 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...
USMC | DRB | 2010_Marine | MD1000070

Original file (MD1000070.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues The Applicant seeks appropriate relief by a change to his characterization of service to Honorable and a narrative reason for separation change to “Defective Enlistment” or ‘Fraudulent Entry into Military Service. Therefore, under equity, the Applicant should have been separated for erroneous enlistment or fraudulent enlistment and that his service was honorable; as such, the...

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700310

Similar Decisions