Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0701030
Original file (ND0701030.rtf) Auto-classification: Denied
ex-SR, USN
ND07-01030
Current Discharge and Applicant’s Request
Application Received: 20070725   Characterization Received:
Narrative Reason: MISCONDUCT-PATTERN OF MISCONDUCT and COMMISSION OF A SERIOUS OFFENSE Authority: MILPERSMAN 1910-140 AND 142

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to:
Applicant’s Issues:       1. Seeking a b etter life for self and child
2. P ost service

Decision

 By a vote of the Characterization shall .
 By a vote of the Narrative Reason s shall MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE .
Date: 20 080117                      Location: Washington D.C          R epresentation :

Discussion

 . which the Board does not have the authority to grant the relief for which the Applicant petitioned. The Applicant is directed to the Addendum for additional information regarding Employment/Educational Opportunities .

 Issue 2 ( Prop r iety/ ). The Applicant contends that her discharge should be upgraded because she has a one year son by her first class petty officer and the way she got out of the military was wrong and unjust. The Applicant has not provided any documentation, nor is there any evidence contained in the record to support the allegation that her discharge was wrong and unjust. Furthermore, t he Board advises the Applicant that 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. Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, employment records, documentation of community service, and certification of non-involvement with civil authorities are examples of verifiable documentation that should be provided to receive consideration for relief based on post-service conduct. The Board acknowledges the Applicant's continuing educational pursuits, and other post service accomplishments as evidenced by the documents submitted, but, at this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade.

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)      20040527 - 20040607              Active:
Period of Service Under Review:
 Date of Enlistment 20040608        Years Contracted : ; Extension:   Date of Discharge: 20050607
Length of Service : 00 Yrs 11 Mths 28 D ys          Lost Time : Days UA: 1 Days Confine d :
Education Level:         Age at Enlistment:       AFQT: 44          Highest Rank /Rate : E-2
Evaluation marks (# of occasions):       Performance: 1.5 ( 2 )       Behavior: 1.0 ( 2 )          OTA: 1.59
Awards and Decorations ( per DD 214): National Def svc med, Global War on Terror svc med, Exped Med, Human svc med

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

 20041201         UA from USS BONHOMME RICHARD (LHD 6), San Diego, CA through 20041203 (2days) .

20050114 :        NJP -- Viol UCMJ Art 86 – Unauthorized absence .
         Awarded - FOP ( 1/2 mo ) for ( 0 2 months) (susp 1 mo) ; Restr for ( 30 days); Extra duties ( 30 days) .
20050605         Evaluation Rpt & Counseling Record promulgated upon administrative separation of member. Notes that previous NJP resulted in transfer to USS PELELIU where member continued to have discipline problems from disobeying a lawful order and disorderly conduct that led to another NJP within six months and the following punishment:45 days of restriction and extra duties, RIR to E-1 and FOP $167.55 for 2 mo(s), (susp for 6 mo(s), and pay restitution to the barracks
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 :       NOT FOUND IN RECORD
Findings, by preponderance of the evidence:     NOT FOUND IN RECORD
        
Recommendation on Separation:   NOT FOUND IN RECORD
Recommendation on Characterization:     NOT FOUND IN RECORD

Commanding Officer Recommendation (date):        NOT FOUND IN RECORD
Separation Authority (date):     COMMANDING OFFICER , USS PELELIU ( 20050602 )
 Reason for discharge directed:  - & COMMISSION OF SERIOUS OFFEN S E
Characterization directed:     
Date Applicant Discharged:       20050607





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) Ltr from Dept of Child support services, San Diego, CA

Pertinent Regulation/Law

 A. Naval Military Personnel Manual , (NAVPERS 15560C) CHG 11, effective 26 April 2005 until present, Article 1910- 140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT AND ART 142,–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 .

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 | 2007_Navy | ND0700414

    Original file (ND0700414.rtf) Auto-classification: Denied

    Types of Documents SubmittedRelated 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 REVIEW...

  • NAVY | DRB | 2004_Navy | ND04-00238

    Original file (ND04-00238.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-MRFN, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. At this time, the Applicant has not provided sufficient documentation for the Board to consider.

  • NAVY | DRB | 2007_Navy | ND0701159

    Original file (ND0701159.rtf) Auto-classification: Denied

    Narrative Reason for Discharge:MISCONDUCT ” 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval...

  • NAVY | DRB | 2008_Navy | ND0800361

    Original file (ND0800361.rtf) Auto-classification: Denied

    From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Applicant has requested an upgrade based on performance while on active duty. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Discharge Process and evidence submitted by the Applicant, the

  • NAVY | DRB | 2007_Navy | ND0700981

    Original file (ND0700981.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 20060823Reason for Discharge:PHYSICAL FITNESS ASSESSMENT FAILURE Least Favorable Characterization: Date Applicant Responded to Notification:20060823Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) GCMCA review Separation Authority (date): Commanding Officer, USS GEORGE WAHSINGTON (CVN 73) (20060830)Reason for discharge directed: PHYSICAL FITNESS ASSESSMENT FAILURE Characterization directed: Date...

  • USMC | DRB | 2009_Marine | MD0900235

    Original file (MD0900235.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Propriety and clemency. ” 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.

  • NAVY | DRB | 2009_Navy | ND0902420

    Original file (ND0902420.rtf) Auto-classification: Denied

    Moreover, an Honorable characterization of service is warranted unless an Entry Level Separation or a General (Under Honorable Conditions) characterization of service is appropriate per MILPERSMAN section 1910-308.A review of the Applicant’s evaluation and counseling records revealed one observed report covering a seven-month period (Nov 2001 - Jun 2002) in which he received marks of 3.0 (Performance), 3.0 (Behavior), and 3.00 (Overall Trait Average). Based on these evaluation marks, the...

  • NAVY | DRB | 2009_Navy | ND0900150

    Original file (ND0900150.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...

  • USMC | DRB | 2009_Marine | MD0902376

    Original file (MD0902376.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall DISABILITY, EXISTED PRIOR TO SERVICE, MED BD or PEBDiscussion 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. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, medical and record entries, and discharge process, the Board found Therefore,...

  • NAVY | DRB | 2006_Navy | ND0601089

    Original file (ND0601089.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.. Summary of Service:Prior Service: Inactive: USNR (DEP) 19990426-19990607Active: NONE Period of Service Under Review: Date of Enlistment: 19990608Years Contracted:; Date of Discharge: 20020618 Length of Service: 03Yrs 00...