Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0701129
Original file (ND0701129.rtf) Auto-classification: Denied

ex-SR, USN
Current Discharge and Applicant’s Request
Application Received: 20070808  
Characterization of Service Received: (ENTRY LEVEL SEPARATION)
Narrative Reason for Discharge: ERRONEOUS ENTRY (OTHER)         
Authority for Discharge: MILPERSMAN 1910-130

Applicant’s Request:     Characterization change to:
                           Narrative Reason change to:

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20050907 - 20050927              Active:         
Period of Service Under Review:
 Date of Enlistment: 20050928               Period of enlistment : Years Months             Date of Discharge: 20051123
Length of Service : Yrs Mths 26 D ys      Education Level:         Age at Enlistment:       AFQT: 35
Highest Rank /Rate : SR     Evaluation marks: NFIR   Awards and Decorations ( per DD 214): Rifle , Pistol

Periods of UA /Confinement :

NJPs :    

S CMs :            

SPCMs:  

Retention Warnings:

Types of Documents Submitted

 Related 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 Representat ion :              From Member of Congress:
Other Documentation (Describe)



DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
DISCHARGE REVIEW DECISIONAL DOCUMENT

Applicant’s Issues

 1. Enhance employment opportunities
2. Notification indicated least favorable characterization was general

Decision

Date: 20 08 0117                     Location: Washington D.C         R epresentation :

By a vote of the Characterization shall (ENTRY LEVEL SEPARATION) .
By a vote of the Narrative Reason shall ERRONEOUS ENTRY (OTHER) .
Discussion

 : 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 Board perceived that the Applicant seemed to be under the impression that an uncharacterized (entry level separation) was an indication of some negative assessment of his service. This is not the case. By regulation, an uncharacterized description shall be used when separation is initiated while a memb er is in an entry level status (within the first 180 days of active duty) except when separation is for certain prescribed situations in which a characterization as under other than honorable conditions is appropriate, or when characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of military duty and is approved on a case-by-case basis by the Secretary of the Navy. Neither of these situations appl ies to the Applicant . The NDRB advises the Applicant that he can and should be proud of his service, even though short, and that with respect to nonservice related administrative matters, i.e. Department of Veterans Affairs benefits, civilian employment, etc., an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.
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

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, Article 1910-130, SEPARATION BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT.

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 | ND0700978

    Original file (ND0700978.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 20010904Reason for Discharge:-Least Favorable Characterization: Date Applicant Responded to Notification:20010904Rights 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): CO, RECRUIT TRAINING COMMAND (20010905)Reason for discharge directed: - Characterization directed: (ENTRY LEVEL SEPARATION) Date Applicant...

  • NAVY | DRB | 2015_Navy | ND1500550

    Original file (ND1500550.rtf) Auto-classification: Denied

    Per the Secretary of the Navy Instruction 5420.174D, Naval Discharge Review Board (NDRB) Procedures and Standards, the NDRB does not have the authority to change a narrative reason for discharge to a physical disability. ” 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. Reenlistment/RE-code : Effective 6...

  • NAVY | DRB | 2008_Navy | ND0801093

    Original file (ND0801093.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)20060929 - 20070319Active: Period of Service Under Review: Date of Enlistment: 20070320Period of Enlistment: YearsExtensionDate of Discharge:20070713Length of Service: Yrs Mths24 DysEducation Level: Age at Enlistment:AFQT: 90Highest Rank/Rate:FAEvaluationMarks:Performance: NFIR Behavior:NFIROTA: NFIRAwards and Decorations (per DD 214):Pistol ,Medical: 1 Branch...

  • NAVY | DRB | 2007_Navy | ND0700383

    Original file (ND0700383.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 Summary of Service Prior Service: Inactive: USNR (DEP)20040831 - 20041215Active: Period of Service Under Review: Date of Enlistment: 20041216Years Contracted:; Extension: Date of Discharge:20050106 Length of Service: 00 Yrs 00Mths21 DysLost Time:Days UA: Days Confined: Education...

  • NAVY | DRB | 2007_Navy | ND0700894

    Original file (ND0700894.rtf) Auto-classification: Denied

    The documentation provided by the Applicant did not refute the presumption of regularity in this case as the Applicant’s post service medical evaluation does not invalidate an earlier diagnosis received while on active duty. 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: USNR...

  • NAVY | DRB | 2009_Navy | ND0900126

    Original file (ND0900126.rtf) Auto-classification: Denied

    The Applicant should be aware that, with respect to non-servicerelated administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.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:...

  • NAVY | DRB | 2007_Navy | ND0700219

    Original file (ND0700219.rtf) Auto-classification: Denied

    The processing and the uncharacterized characterization of service were proper.Issue 2 (): The NDRB under its responsibility to examine the propriety and equity of an Applicant’s discharge is authorized to change the characterization of service and/or the reason for discharge if such change is warranted.In the Applicant’s case the separation process was in compliance with the Naval Military Personnel ManualArticle 1910-130for separation by reason of defective enlistments and inductions -...

  • NAVY | DRB | 2006_Navy | ND0601051

    Original file (ND0601051.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20030117Reason for Discharge erroneous entryLeast Favorable Characterization: Date Applicant Responded to Notification: 20030117Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement Discharge directed by (date):COMMANDING OFFICER 20030123Narrative reason directed:ERRONEOUS ENTRYCharacterization directed: UNCHARACTERIZED Date Applicant Discharged: 20030128 Additional...

  • NAVY | DRB | 2013_Navy | ND1301762

    Original file (ND1301762.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks to reenlist in the Armed Forces.2. 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.The Applicant remains eligible for a...

  • NAVY | DRB | 2008_Navy | ND0800658

    Original file (ND0800658.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...