Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700612
Original file (ND0700612.rtf) Auto-classification: Denied
ex-SR, USN
ND07-00612
Current Discharge and Applicant’s Request
Application Received: 20070405   Characterization Received:
Narrative Reason: FRAUDULENT ENTRY INTO MILITARY SERVICE (OTHER) Authority: MILPERSMAN 1910-134

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Reenlistment Opportunities
                           2. Service Characterization change based on the Applicant was unaware his Permanent Resident Card had expired.

Decision

 By a vote of the Characterization shall .     
By a vote of the Narrative Reason shall FRAUDULENT ENTRY INTO MILITARY SERVICE (OTHER) .

Date: 20 071120 Location: Washington D.C          R epresentation :

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 .

Issue 2: ( ). The Applicant contends that the characterization of his service should be honorable because he was unaware that his Permanent Resident Card had expired and that he now has an updated card. 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. The Board noted a discrepancy between the Applicant ’s official service record and the Applicant’s statement. The Applicant’s official record reflects that the Applicant was deported on 20030611 while the Applicant contends that he was detained by INS at O’Hare and sent to the Naval Training Center in Chicago and subsequently discharged and deported on 20030 7 05 . 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 determined that the Applicant did not provide sufficient creditable evidence to outweigh the presumption of regularity on the part of the government. Therefore, the Board determined that an upgrade to honorable was inappropriate and that


Summary of Service

 Prior Service:
 Inactive: US N R (DEP)      20030430 - 20030630              Active:         
Period of Service Under Review:
 Date of Enlistment: 20030701      Years Contracted : ; Extension:   Date of Discharge: 20030703
Length of Service : 00 Yrs 00 Mths 03 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 42          Highest Rank /Rate : SR
Evaluation marks (# of occasions):       Performance: N/A          Behavior: N/A              OTA: N/A
Awards and Decorations ( per DD 214): NONE





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

 20030430:        Applicant enters Delayed Entry Program this date. To report on 20030701 for enlistment into the Regular Navy

 20030610:        Applicant failed to disclose INS Hearing scheduled for this date , which resulted in you being deported on 20030611, and for your entry into the United States/U.S. Navy with a Form I-551 AO43020845 document which expired on or about 20010625.
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                               

Commanding Officer Recommendation (date):       
Separation Authority (date):     COMMANDING OFFICER, RECRUIT TRAINING COMMAND ( 20030703 )
 Reason for discharge directed:  -
Characterization directed:     
Date Applicant Discharged:       20030703

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) Permanent Resident Card , Order of Immigration dtd 20040226, US Immigration and Naturalization Service Letter dtd 20030825

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, 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 | BCNR | CY2002 | 00870-01

    Original file (00870-01.pdf) Auto-classification: Denied

    870-01 24 January 2002 Dear Mr.- This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 16 January 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 3...

  • NAVY | DRB | 2000_Navy | ND00-00873

    Original file (ND00-00873.rtf) Auto-classification: Denied

    ND00-00873 Applicant’s Request The application for discharge review, received 070600, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Convenience of the Government. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. For example, when completing the Record of...

  • NAVY | DRB | 2002_Navy | ND02-00694

    Original file (ND02-00694.rtf) Auto-classification: Denied

    ND02-00694 Applicant’s Request The application for discharge review, received 020417, requested that the characterization of service on the discharge be changed to honorable and the reason and separation code for the discharge be changed. Change separation code Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Statement from Applicant concerning issues dated April 4, 2003 with attached Exhibits A-H, J-N (34...

  • NAVY | DRB | 2011_Navy | ND1100762

    Original file (ND1100762.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 warrant a General (Under Honorable Conditions) character of service as he claims he had only one incident on his record. ” 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...

  • ARMY | BCMR | CY2010 | 20100018902

    Original file (20100018902.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 1966 (Record of Military Processing – Armed Forces of the United States), section III (Other Personnel Date): a. item 22a (Education), sub-item (3) (Name of School), from "Norview High School" to "Abdu al rahman al khafiqie High School." In support of his application, he provided: a. DD Form 1966, item 22a(3), which lists the name of the high school he attended as "Norview High School." As a result, the Board recommends that all Department...

  • ARMY | DRB | CY2004 | AR2004103422

    Original file (AR2004103422.doc) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200 by reason of for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge. Minority views: NONE PART VII -...

  • NAVY | DRB | 2009_Navy | ND0901294

    Original file (ND0901294.doc) Auto-classification: Denied

    ex-SN, USN Current Discharge and Applicant’s Request Application Received: 20090410 Characterization of Service Received: Narrative Reason for Discharge: Authority for Discharge: MILPERSMAN Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP) 20030611 - 20030701 Active: Period of Service Under Review: Date of Enlistment: 20030702 Age at Enlistment: Period of Enlistment: Years Extension Date of Discharge: 20050204...

  • NAVY | DRB | 2009_Navy | ND0900709

    Original file (ND0900709.rtf) Auto-classification: Denied

    This admission, in conjunction with the fraudulent entry into the country, placed the U. S. Navy in a negative light.Per Military Personnel Manual (MILPERSMAN) 1910-148, characterization of service is based on a member’s record of service in cases of homosexual conduct with no evidence (including admissions) or aggravating circumstances.For the edification of the Applicant, when the quality of a member’s service has met the standards of accepted conduct and performance of duty for military...

  • NAVY | DRB | 2007_Navy | ND0700846

    Original file (ND0700846.rtf) Auto-classification: Denied

    Additionally, the Applicant was administratively separated upon his request to avoid trial by court-martial. The Applicant’s command did not recommended the Applicant for reenlistment and assigned a restrictive reenlistment code of RE-4 due to: In Lieu of Trial by Court-Martial. 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...

  • NAVY | DRB | 2011_Navy | ND1100906

    Original file (ND1100906.rtf) Auto-classification: Denied

    Representation: NONE 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...