Upgrade.Vet

NAVY | DRB | 2007_Navy | ND0700941

Original file (ND0700941.rtf) Auto-classification: Denied

ex-Ensign, USN
ND07-00941

Current Discharge and Applicant’s Request

Application Received: 20070705 Characterization Received:

Narrative Reason: MISCONDUCT Authority: ByDir DTG 091139Z JAN 04

Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Isolated incident
                           2. No action taken between the time the Applicant filled out his SF85 and filling out PRP forms
                           3. Applicant d id not receive a board as RADM Talbot had indicated to the Congressman’s inquiry


Decision

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

Date: 20 080103             Location: Washington D.C          R epresentation :

Discussion

Issue 1: ( ). The Applicant contends that his misconduct was an isolated incident. When a Naval Officer’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. A general (under honorable conditions) discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. C ertain serious offenses, even though isolated, warrant separation from the Naval service in order to maintain proper order and discipline. The Applicant’s conduct during the current period of service, which forms the primary basis for determining the character of his service was marred by the Applicant’s admission of using illicit drugs over a period of five years ending on 20010220 . Use of controlled substances is a violation of the Uniform Code of Military Justice (UCMJ), Article 112a. V iolation of UCMJ Article 112a is considered a serious offense for which dismissal is authorized if adjudged by a Special or General Courts Martial. An upgrade to honorable would be inappropriate.

Issue 2 & 3 : ( ). 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 Applicant implies that he was treated unfairly by his command and by RADM Talbot. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that he was unfairly treated and singled out for discipline. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.

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 th at

Summary of Service

Date of Commission: 20010525               Date of Discharge : 20040227
Length of Service
         Active: 02 09 03         Inactive: None

Time Lost During This Period : NONE

Age at Commission: 21

Type of Commission: Reserve ( 20010525 )

Education Level: 16                                 Degree: Type of Degree BS

Highest Grade: ENS

Final Officer’s Fitness Reports were available to the Board for review.

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized : MERITORIOUS UNIT COMMENDATION, NATIONAL DEFENSE SERVICE MEDAL, MARKSMANSHIP PISTOL SHOT RIBBON, SHARPSHOOTER RIFLEMAN RIBBON.

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

19970701:        Applicant enters Naval Academy as a Midshipman

20010220:        Applicant completes SF 85 and admits to using marijuana 5 times from 19960227 to present and using ecstasy twice from 19960227 to present

20010525:        Applicant commissioned.

20031010:        Letter from Chief of Naval Personnel to Secretary of the Navy: SNO requested to appear before a Board of Inquiry. During a preliminary screening for the Personnel Reliability Program (PRP), SNO admitted to use of illegal drugs between his Naval Academy Sophomore and Junior Years.

20031215:        Assistant Secretary of the Navy (M&RA) approves administrative separation of the probationary officer with a General Discharge.

Discharge Process

Date Notified:                                       20030624
Reason for Discharge:

Least Favorable Characterization:

Date Applicant Responded to Notification:                  UNKNOWN
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):     ASN (M&RA) ( 20031215 )
Reason for discharge directed: -
Characterization directed:
Date Applicant Discharged:       20040227

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 . Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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.

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 | ND0800577

Original file (ND0800577.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis.The Applicant provided a personal statement and as evidence of post-service accomplishments. ” Additional Reviews : Subsequent to a document review, former members are eligible for a...
NAVY | DRB | 2007_Navy | ND0700620

Original file (ND0700620.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Applicant’s Issues:1.Isolated incident. Types of Documents Submitted by Applicant and Considered By BoardRelated 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: Additionally, the Board has...
USMC | DRB | 2010_Marine | MD1002046

Original file (MD1002046.rtf) Auto-classification: Denied

The NDRB reviewed all of the available evidence within the Applicant’s service records. Additionally, after initial notification of administrative separation processing (27 May2009), the Applicant submitted a written letter explaining his circumstances up through his chain of command (Rebuttal of Recommendation for General Characterization, dated 4 Jun 2009) which included: Commanding Officer, TBS; Commander, Training Command; Commanding General, Training and Education Command; Commanding...
USMC | DRB | 2007_Marine | MD0701163

Original file (MD0701163.rtf) Auto-classification: Denied

The Applicant’s service was marred by two retention warnings and the award of nonjudicial punishment (NJP) on one occasion for a violation of the Uniform Code of Military Justice (UCMJ) Article 123a (Insufficient funds). 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 ServicePrior Service: Inactive: USMCR...
NAVY | DRB | 2007_Navy | ND0700560

Original file (ND0700560.rtf) Auto-classification: Denied

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 substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. There is no...
NAVY | DRB | 2002_Navy | ND02-00800

Original file (ND02-00800.rtf) Auto-classification: Denied

I was then discharged out of the Navy with a General Discharge under Honorable Conditions. Accordingly, he is permanently decertified from the PRP.”970502: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C...
NAVY | DRB | 2008_Navy | ND0801226

Original file (ND0801226.rtf) Auto-classification: Denied

The Applicant is advised that completion of these items alone does not guarantee the upgrade of 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.The Applicant provided a personal statement and as evidence of post-service accomplishments. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an...
NAVY | DRB | 2007_Navy | ND0701185

Original file (ND0701185.rtf) Auto-classification: Denied

Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)19960227 - 19960423Active: 1983 - 1986 USA 1993 - 1964 Period of Service Under Review: Date of Enlistment: 19960424Period of enlistment: Years Months Date of Discharge:19980807Length of Service: Yrs Mths14 DysEducation Level: Age at Enlistment:AFQT: Highest Rank/Rate:AKAAEvaluation marks:Performance: () Behavior:()OTA: Awards and Decorations (per DD 214): Rifle ,...
USMC | DRB | 2007_Marine | MD0700015

Original file (MD0700015.rtf) Auto-classification: Denied

Mandatory processing for separation is required for Marines who abuse illegal drugs, and separation under these conditions generally results in characterization of service under other than honorable conditions. ” 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. With respect to a discharge adjudged by a court-martial, the action of...
NAVY | DRB | 2009_Navy | ND0901489

Original file (ND0901489.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700941

Similar Decisions