Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700534

Original file (ND0700534.rtf) Auto-classification: Denied

, ex-MM3, USN
ND07-00534

Current Discharge and Applicant’s Request

Application Received: 20070313 Characterization Received:
Narrative Reason: MISCONDUCT Authority: MILPERSMAN 1910-146

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Post service – Equity

Decision

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

Date: 20 071114 Location: Washington D.C R epresentation :

Discussion

Issue 1 ( ) : 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 should be provided to the Board include documentation of community service, credible evidence of a substance free lifestyle 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, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that

Summary of Service

Prior Service:
Inactive: US N R (DEP)      19980918 - 19990808              Active:          19990809 - 20030807
Period of Service Under Review:
Date of Enlistment: 20030808               Years Contracted : ; Extension:                   Date of Discharge: 20050624
Length of Service : 01 Yrs 10 Mths 17 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 53          Highest Rank /Rate : MM2
Evaluation marks (# of occasions):       Performance: 4.3 ( 3 )       Behavior: 2.7 ( 3 )          OTA: 3.68
Awards and Decorations ( per DD 214): N&MCAM, GCM, NDSM, MUC (2), AFEM, SSDR

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

20050325 :        NJP -- Viol UCMJ Art. 112a - Wrongful use of a controlled substance.
         Awarded - FOP ( $ 939.00 ) for ( 2 months); RIR ( E-4 ); Restr for ( 45 days); Extra duties ( 45 days) .

Discharge Process

Date Notified:                              NOT FOUND IN RECORD
Reason for Discharge:
Least Favorable Characterization:

Date Applicant Responded to Notification:                  NOT FOUND IN RECORD
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)
         Administrative Board
         GCMCA review

Administrative Board Date , i f any         NOT FOUND IN RECORD

Commanding Officer Recommendation (date):        NOT FOUND IN RECORD
Separation Authority (date):     NOT FOUND IN RECORD
Reason for discharge directed:
Characterization directed:
Date Applicant Discharged:       20050624

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) Applicant's identification cards for General Dynamics and San Diego Community College identification cards

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 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 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

NAVY | DRB | 2006_Navy | ND0601181

Original file (ND0601181.rtf) Auto-classification: Denied

USS JOHN C. STENNIS APPOINTMENT OF AN ADMIN BOARD ICO APPLICANT Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation NONE Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20050805Reason for Discharge due to: due to: Least Favorable Characterization: Record Supports Narrative Reason: Date Applicant Responded to Notification: 20050805Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit...
NAVY | DRB | 2008_Navy | ND0801097

Original file (ND0801097.rtf) Auto-classification: Denied

[Extracted from CO, TRIDENT Refit Facility letter 20050624].NJP:SCM:SPCM:CC:Retention Warning Counseling:NDRB Documentary Review Conducted (date): 20070510 NDRB Documentary Review Docket Number: ND06-00888 NDRB Documentary Review Findings: NO CHANGE WARRANTED 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: Substance Abuse: Criminal...
USMC | DRB | 2008_Marine | MD0800937

Original file (MD0800937.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: Other Documentation (Describe): DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE...
USMC | DRB | 2008_Marine | MD0801357

Original file (MD0801357.rtf) Auto-classification: Denied

Types of Documents Submitted/reviewedRelated to Military Service: DD 214: Service and/or Medical Record: Other Records: Related to Post-Service Period: Employment: Finances: Education/Training: Health/Medical Records: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements From Applicant: From Representation: From Member of Congress: - Letter from J.T. The Board determined an upgrade to “ General(Under Honorable Conditions) ” would be...
USMC | DRB | 2007_Marine | MD0700605

Original file (MD0700605.rtf) Auto-classification: Denied

The Applicant provided evidence of post-service employment and lack of criminal record since his discharge; however, after a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge.In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is...
USMC | DRB | 2006_Marine | MD0601193

Original file (MD0601193.rtf) Auto-classification: Denied

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. UNDER OTHER THAN HONORABLE CONDITIONS (20050817) SJA review (date): (20050907)Separation Authority (date): COMMANDING GENERAL, MARINE AIR GROUND TASK FORCE TRAINING (20050907)Narrative Reason directed: Characterization...
NAVY | DRB | 2007_Navy | ND0700602

Original file (ND0700602.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 Discharge Process Date Notified: 20050609Reason for Discharge: - - Least Favorable Characterization: Date Applicant Responded to Notification: 20050609 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board Commanding Officer...
USMC | DRB | 2007_Marine | MD0701103

Original file (MD0701103.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall PERSONALITY DISORDER.Discussion Issue 1: The Board reviews the propriety and equity of an Applicant’s discharge individually, on a case-by-case basis. ” 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. Yes No Not found in record Was retention warning required for reason for separation?
USMC | DRB | 2009_Marine | MD0900750

Original file (MD0900750.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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements:From Applicant:From Representation: From Congress member: Other Documentation: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2009_Navy | ND0900525

Original file (ND0900525.rtf) Auto-classification: Denied

The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate. The NDRB determined the awarded discharge was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of...

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700534

Similar Decisions