Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700759

Original file (ND0700759.rtf) Auto-classification: Denied

ex-GSMFA, USN
ND07-00759

Current Discharge and Applicant’s Request

Application Received: 20070514 Characterization Received:

Narrative Reason: MISCONDUCT Authority: MILPERSMAN 3630620

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

Decision

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

Date: 20 071220                   Location: Washington D.C          R epresentation :

Discussion

Issue 1 ( ). Applicant admits that he tested positive for drug use and was processed out of the service. However, he contends that h is characterization of service should be upgraded because he paid his dues and has become a productive citizen . 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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge 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. The Board found that the Applicant had submitted credible evidence indicative of good post-service conduct, and commends the Applicant’s apparent rehabilitative success to date. However, after a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate in light of the nature and seriousness of the Applicant’s misconduct, and that the evidence of post-service conduct was not sufficient to convince the Board that an upgrade was appropriate at this time.

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)      19930308 - 19930309              Active:
Period of Service Under Review:
Date of Enlistment: 19930309      Years Contracted : ; Extension: Date of Discharge: 19950525
Length of Service : 02 Yrs 02 Mths 17 D ys          Lost Time : Days UA: 1 2 Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 40          Highest Rank /Rate : GSMFN
Evaluation marks (# of occasions):       Performance: 3.6 ( 3 )       Behavior: 3.4 ( 3 )                  OTA: 3.6
Awards and Decorations ( per DD 214): NDSM, SSDR, SASM WITH BRONZE STAR, HSM

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

19950127 :         NAVDRUGLAB, Norfolk, VA , reported Applicant’s urine sample, received 19950120 , tested positive for ( cocaine ).

19950203 :        NJP -- Viol UCMJ Art. 112a – Wrongful use of controlled substance, cocaine .
         Awarded - RIR ( E-2 ); Restr for ( 7 days); Extra duties ( 45 days) .

19950221:        Applicant to unauthorized absence at 0645 , declared a deserter .

19950304:        Applicant from unauthorized absence at 2120 (1 2 days/apprehended).

19950329:        Drug A lcohol Abuse Report: Applicant admitted to cocaine abuse, found dependent, recommended for separation via VA hospital.

Discharge Process

Date Notified:                                       19950210
Reason for Discharge:     -

Least Favorable Characterization:

Date Applicant Responded to Notification:                  19950210
Rights Elected at Notification:
         Consult with Counsel
         Obtain Copies of Documents                ELECTED
         Submit Statement(s) (date)
         Administrative Board
         GCMCA review

Commanding Officer Recommendation (date):        ( 19950223 )
Separation Authority (date):     BUPERS WASHINGTON DC ( 19950309 )
Reason for discharge directed: -
Characterization directed:
Date Applicant Discharged:       19950525

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 9/94, effective
22 Jul 94 until 02 Oct 96, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO 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 .

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 | 2008_Marine | MD0800791

Original file (MD0800791.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, Court-Martial proceedings, Discharge Process and evidence submitted by the Applicant, the Board found clemency was not warranted and the sentence awarded the Applicant at his court-martial was appropriate for the offenseshe committed. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing,...
NAVY | DRB | 2009_Navy | ND0902138

Original file (ND0902138.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Post-service conduct. The Applicant could have produced evidence as stated in the above paragraph with the full understanding that completion of these items alone does not guarantee an upgrade.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...
NAVY | DRB | 2011_Navy | ND1100860

Original file (ND1100860.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’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 and the narrative reason for separation shall .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of...
USMC | DRB | 2007_Marine | MD0700968

Original file (MD0700968.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 Board found that Administrative Corrections to the Applicant’s DD 214 The NDRB did note administrative error(s) on the original DD Form 214: “ UNDER OTHER THAN HONORABLE CONDITIONS ” The NDRB will recommend to the Commandant of the Marine Corps that the DD 214 be corrected as appropriate. Summary...
NAVY | DRB | 2010_Navy | ND1000932

Original file (ND1000932.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of ServiceNo DD214 Available Prior Service: Inactive:NONEActive: Period of Service Under Review: Date of Current Enlistment: 19940127Age at Enlistment: Period of Enlistment: YearsExtensionDate of Discharge:19960315Highest Rank/Rate: MSSNLength of Service: Years Month16 DaysEducation Level:AFQT: 64EvaluationMarks:Performance:3.6(1)Behavior:3.6(1)OTA: 3.80Awards and Decorations:NONEPeriods of UA/CONF: NJP: -...
NAVY | DRB | 2013_Navy | ND1301329

Original file (ND1301329.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...
NAVY | DRB | 2008_Navy | ND0801106

Original file (ND0801106.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Therefore, relief is 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,...
NAVY | DRB | 2009_Navy | ND0901339

Original file (ND0901339.doc) Auto-classification: Denied

ex-SR, USN Current Discharge and Applicant’s Request Application Received: 20090421 Characterization of Service Received: Narrative Reason for Discharge: Authority for Discharge: MILPERSMAN 3630620 (DRUG ABUSE) Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: NONE Active: Period of Service Under Review: Date of Enlistment: 19940207 Age at Enlistment: Period of Enlistment: Years Date of Discharge: 19970731 Highest...
NAVY | DRB | 2011_Navy | ND1100470

Original file (ND1100470.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. ” 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. If the action includes either a punitive or administrative discharge for misconduct or for any basis wherein an Other Than Honorable discharge...
NAVY | DRB | 2012_Navy | ND1200384

Original file (ND1200384.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD...

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700759

Similar Decisions