Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700702

Original file (ND0700702.rtf) Auto-classification: Denied

ex-AR, USN
ND07-00702

Current Discharge and Applicant’s Request

Application Received: 20070501 Characterization Received:
Narrative Reason: MISCONDUCT Authority: MILPERSMAN 3630620

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Reenlist code change
2. Post Service


Decision

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

Date: 20 071205 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 NDRB is authorized to consider post-service factors in the recharacterization 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, good conduct, or favorable endorsements in the civilian or National Guard life subsequent to leaving the naval service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. 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 a c ertificate for completion of Alcohol and Drug Prevention Training, several training certificates, one character reference statement , Award of Combat Action Badge , and Release from Active Duty documentation . The Applicant's efforts need to be more encompassing. For example, the Applicant could have produced evidence of a verifiable and continuous employment record, evidence of continuing educational pursuits, documentation of community service, certification of non-involvement with civil authorities and evidence of a drug free lifestyle . The Board determined that the documentation provided by the Applicant did not mitigate the circumstances 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)      19960619 - 19960624              Active:
Period of Service Under Review:
Date of Enlistment: 19960625      Years Contracted :                 Date of Discharge: 19970924
Length of Service : 01 Yrs 03 Mths 00 D ys          Lost Time : Days UA: Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 36          Highest Rank /Rate : AA
Evaluation marks (# of occasions):       Performance: 3.0 ( 1 )       Behavior: 3.0 ( 1 )          OTA: 3.00
Awards and Decorations ( per DD 214): BER

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

19970818 :        NJP -- Viol UCMJ Art. 92 - Failure to obey a lawful order, Art. 112a - Wrongful use, possession of controlled substance (Cocaine) .
         Awarded - FOP ( $ 450.00 ) for ( 2 months); RIR ( E-1 ); Restr for ( 45 days); Extra duties ( 45 days) .

19970824:        Applicant screened by a Navy drug and alcohol counselor and a Licensed Independent Practitioner and met the criteria for alcohol and THC dependency.

19970828:        Applicant to unauthorized absence 1600.

19970924:        Applicant from unauthorized absence 1600 ( 26 days/surrendered).

19970921:        Drug and Alcohol Abuse Report: Cocaine abuse, ashore off duty. Consentual urinalysis on 19970821. Physician found applicant dependent and recommended Level II treatment. Commanding Officer recommended separation. Comments: Applicant tested positive on voluntary urinalysis for cocaine use. Applicant has no potential for further naval service. CAAC and medical officer evaluated applicant as alcohol and drug dependent and recommended Level II treatment. The Commanding Officer has offered applicant Level III treatment, after which applicant will be processed for separation from the military service.

Discharge Process

Date Notified:                                       19970823
Reason for Discharge:     -
         -
Least Favorable Characterization:

Date Applicant Responded to Notification:                  19970823
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents
         Submit Statement(s) (date)                         ( NOT FOUND IN RECORD )
         Administrative Board
         GCMCA review

Commanding Officer Recommendation (date):        ( 19970908 )
Separation Authority (date):     BUPERS ( 19970917 )
Reason for discharge directed: -
Characterization directed:
Date Applicant Discharged:       19970924

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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 3 Oct ober 19 96 until 11 Dec ember 19 97,
Article 3630620 SEPARATION OF ENLISTED PERSONNEL 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 92 (Failure to obey a lawful order) and Article 112a (Wrongful use of 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 | 2008_Navy | ND0801217

Original file (ND0801217.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)19960619 - 19960624 Active: Period of Service Under Review: Date of Enlistment: 19960625Age at Enlistment:Period of Enlistment: Years ExtensionDate of Discharge:19970924Highest Rank/Rate:AALength of Service: Year(s)Month(s) 00 Day(s)Education Level:AFQT: 36Evaluation Marks:Performance:3.0(1)Behavior: 3.0(1)OTA: 3.00Awards and Decorations (per DD 214): BERPeriod of...
NAVY | DRB | 2012_Navy | ND1200572

Original file (ND1200572.rtf) Auto-classification: Denied

The Applicant a pre-service drug waiver for using marijuana prior to entering the Navy.Based on the Article 112a violation, processing for administrative separation is mandatory. 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 for separation shall remain .Since 15 years from the date...
NAVY | DRB | 2007_Navy | ND0700345

Original file (ND0700345.rtf) Auto-classification: Denied

Discharge Process Date Notified: NOT FOUND IN RECORDReason 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): NOT FOUND IN RECORDReason for discharge directed: Characterization directed: Date Applicant Discharged: 20000929...
USMC | DRB | 2008_Marine | MD0801786

Original file (MD0801786.rtf) Auto-classification: Denied

The Board determined the Applicant’s alcohol dependency did not mitigate his misconduct, but did determine an upgrade to “General (Under Honorable Conditions)” was appropriateand warranted. Thus, an upgrade to “General (Under Honorable Conditions)” would also be warranted due to his post-service efforts.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM:...
USMC | DRB | 2009_Marine | MD0900171

Original file (MD0900171.rtf) Auto-classification: Denied

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 1332.28, you may submit a complaint in accordance with...
NAVY | DRB | 2013_Navy | ND1301831

Original file (ND1301831.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends her discharge notice said that she was to receive treatment if she was determined to be drug/alcohol dependent, and yet she never received this treatment, which would have been considered a treatment failure and not misconduct. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record...
USMC | DRB | 2009_Marine | MD0901154

Original file (MD0901154.rtf) Auto-classification: Denied

Furthermore, the NDRB found documentation that the Applicant withheld pertinent information with regards to his pre-service history of anxiety and additional drug usage besides marijuana upon enlistment.In verifying the Applicant’s PTSD, the NDRB found in the Applicant’s PDHA of 27 September 2005, that there was nothing noted by the Applicant or the Health Care Provider to suggest a referral or an additional follow-up appointment was required. ” Additional Reviews : After a document review...
NAVY | DRB | 2008_Navy | ND0801004

Original file (ND0801004.rtf) Auto-classification: Denied

The Applicant should be aware completion of these items alone does not guarantee an upgrade from 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. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and statement submitted by the Applicant and his representative, the Board...
NAVY | DRB | 2014_Navy | ND1401324

Original file (ND1401324.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant contends his discharge is inequitable because it is based on a misconduct that occurred in his finale enlistment, and not on his total record of service.2. 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,...
USMC | DRB | 2015_Marine | MD1500716

Original file (MD1500716.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. 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 remain UNDER OTHER THAN HONORABLE CONDITIONS and the narrative reason for separation shall remain MISCONDUCT. ” Additional Reviews : After a document review has...

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700702

Similar Decisions