Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800009
Original file (ND0800009.rtf) Auto-classification: Denied

ex-SA, USN
Current Discharge and Applicant’s Request
Application Received: 20070927
Characterization of Service Received:
Narrative Reason for Discharge: FRAUDULENT ENTRY INTO MILITARY SERVICE (OTHER)
Authority for Discharge: MILPERSMAN 1910-134

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

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20060428 - 20060517              Active:
Period of Service Under Review:
 Date of Enlistment: 20060518      Period of enlistment : Years Months    Date of Discharge: 20060613
Length of Service : Yrs Mths 26 D ys      Education Level:         Age at Enlistment:       AFQT: 56
Highest Rank /Rate : SA     Evaluation marks: Performance: N/A (   )      Behavior: N/A (    )   OTA: N/A
Awards and Decorations ( per DD 214): Rifle Pistol

Periods of UA /Confinement :

NJPs :    

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. Reenlistment Opportunities
2. Young and immature

Decision

Date: 20 08 0131             Location: Washington D.C         R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall FRAUDULENT ENLISTMENT INTO MILITARY SERVICE (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 record reflects that the Applicant had knowledge of a pre-existing condition and did not identify this condition during the recruitment process .

The Applicant should be aware that, b y regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a service member’s performance or conduct that would merit an honorable or general (under honorable conditions) characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than 1 month in the military prior to notification of separation to warrant a change of discharge to honorable or general (under honorable conditions) . Therefore the Board found his uncharacterized characterization appropriate.

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
3 May 2005 until Present, Article 1910-134, Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 | 2007_Marine | MD0700193

    Original file (MD0700193.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 20060118 Basis for Discharge:FRAUDULENT ENTRYCommanding Officer’s Intended Recommendation: ENTRY LEVEL SEPARATIONDate Applicant Responded to Notification:20060118Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) WAIVED Administrative Board Separation Authority (date): COMMANDING OFFICER, SPECIAL TRAINING COMPANY (20060118) Basis for discharge directed: FRAUDULENT ENTRY DUE TO UNDISCLOSED HISTORY OF...

  • NAVY | DRB | 2007_Navy | ND0700173

    Original file (ND0700173.rtf) Auto-classification: Denied

    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. 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...

  • NAVY | DRB | 2007_Navy | ND0700280

    Original file (ND0700280.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)20010319 - 20011109ELS (Declined Enlistment)Active: Inactive: USNR (DEP) 20041207 - 20041214 COG Period of Service Under Review: Date of Enlistment: 20041215Years Contracted:; Extension: Date of Discharge:20041229 Length of...

  • USMC | DRB | 2007_Marine | MD0700358

    Original file (MD0700358.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: USMCR (DEP) 20000316 - 20000327 Period of Service Under Review: Date of Enlistment: 20000328Years Contracted:; Extension: Date of Discharge: 20001003 Length of Service: 00 Yrs 06Mths06 Dys Lost Time: Days UA: Days Confined: Education...

  • NAVY | DRB | 2007_Navy | ND0700913

    Original file (ND0700913.rtf) Auto-classification: Denied

    Discharge Process Date Notified: 20061011Reason for Discharge:--Least Favorable Characterization: Date Applicant Responded to Notification:20061011Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) (NOT FOUND IN RECORD)GCMCA review Separation Authority (date): COMMANDING OFFICER, RECRUIT TRAINING COMMAND, GREAT LAKES, IL (20061025)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20061031 Types of...

  • NAVY | DRB | 2009_Navy | ND0900544

    Original file (ND0900544.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)20070622 - 20080227Active: Period of Service Under Review: Date of Enlistment: 20080228Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20080328Highest Rank/Rate:SRLength of Service: Year(s)Month(s)01 Day(s)Education Level:AFQT: 46EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):NONEPeriods of...

  • NAVY | DRB | 2012_Navy | ND1201037

    Original file (ND1201037.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 | 2009_Navy | ND0900630

    Original file (ND0900630.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Desires discharge characterization changed to “ Honorable ” .2. 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...

  • NAVY | DRB | 2007_Navy | ND0700312

    Original file (ND0700312.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)20030505 - 20030721Active: Period of Service Under Review: Date of Enlistment: 20030722Years Contracted:; Extension: Date of Discharge:20031010Length of Service: 00 Yrs 02Mths19 DysLost Time:Days UA: Days Confined: Education...

  • USMC | DRB | 2006_Marine | MD0601107

    Original file (MD0601107.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation 20010108: Applicant on light duty for 30 days. Elements of Discharge: [INVOLUNTARY] Discharge Process: Notification ProcedureDate Notified:20010410Basis for Discharge: PHYSICAL CONDITION NOT A DISABILITY Least Favorable Characterization: UNCHARACTERIZED Commanding Officer’s Intended Recommendation: UNCHARACTERIZEDRecord Supports Narrative Reason: YESDate Applicant Responded to...