Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800157
Original file (ND0800157.rtf) Auto-classification: Denied

ex-SR, USN
Current Discharge and Applicant’s Request
Application Received: 20081107
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      20010611 - 20010905              Active:
Period of Service Under Review:
 Date of Enlistment: 20010906      Period of enlistment : Years Extension          Date of Discharge: 20020514
Length of Service : Yrs Mths 09 D ys      Education Level:         Age at Enlistment:       AFQT: 38
Highest Rank /Rate : SR     Evaluation marks: Performance:       (   )         Behavior:       (    )      OTA:     
Awards and Decorations ( per DD 214): Rifle Pistol

Periods of UA /C ONF : 20020318 – 20020320; 20020322 - 20020413

NJPs :    
         20020426 : Art(s) 86 (2 specs), 87, 112a (2 specs) . Awarded - Susp -

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. Admitted drug use problem to trusted Chief
2. Post-service conduct

Decision

Date: 20 08 0221             Location: Washington D.C         R epresentation :

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

Issue 1 ( ). The Board treated this issue as an implication from the Applicant that she had voluntarily self-refer red to a qualified self-referral representative with the intent of acquiring treatment which, if the case, would have resulted in her being processed for discharge via the notification process and exposing her to a least favorable characterization of service as general (under honorable conditions). In reviewing the evidence, the Board concluded that the likely sequence of events was that the Applicant went UA and missed ship’s movement on 20020318 and, upon her return to military control on 20020321, was administered a urinalysis. This is common, if not standard, practice within the naval service and the results of such urinalyses may be used to determine characterization of service. Mandatory processing for separation is required for Sailors who abuse illegal drugs. Separation under these conditions usually results in characterization of service as under other than honorable conditions. The evidence of record does not demonstrate that the Applicant was not responsible for h er conduct or that s he should not be held accountable for h er actions.

Issue 2 ( ). 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 some credible evidence indicative of good post-service conduct. The weight of the Applicant’s evidence of good post service employment and National Guard service was called into question by the unusual nature of her DD 214. The Applicant’s official record copies of the DD 214 clearly describe her character of service in Block 24 as “UNDER OTHER THAN HONORABLE CONDITIONS.” The copy (Member 4) of the DD 214 the Applicant submitted to the Board, however, described her character of service in Block 24 as “ HONORABLE CONDITIONS,” with the words justified to the right of the block instead of to the left of the block as is usual. The Board wondered whether the Applicant’s copy of her DD 214 accurately reflected her actual characterization of service. A fter a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge actually received 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

Pertinent Regulation/Law

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 16 Jul 2001 until 21 Aug 2002, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - 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 | 2012_Marine | MD1201657

    Original file (MD1201657.rtf) Auto-classification: Denied

    ” After reviewing the record of service, post-service medical documentation, and character reference letters, the NDRB determined his diagnosis was proper and that no change to the narrative reason for separation is warranted.The Applicant was administratively separated and not separated upon expiration of enlistment or fulfillment of service obligation. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries,...

  • NAVY | DRB | 2007_Navy | ND0700281

    Original file (ND0700281.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall MISCONDUCT. NAVAL FORCES MARIANAS (20040109)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20040212 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...

  • NAVY | DRB | 2008_Navy | ND0801749

    Original file (ND0801749.rtf) Auto-classification: Denied

    The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the time served and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate.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:...

  • USMC | DRB | 2008_Marine | MD0801516

    Original file (MD0801516.rtf) Auto-classification: Denied

    Types of Documents Submitted/reviewedRelated 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...

  • NAVY | DRB | 2007_Navy | ND0700061

    Original file (ND0700061.rtf) Auto-classification: Denied

    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 violations of the UCMJ, Article 86, Unauthorized Absenceand Article 87, Missing Movement.. 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...

  • NAVY | DRB | 2009_Navy | ND0900322

    Original file (ND0900322.rtf) Auto-classification: Denied

    The Board determined the awarded discharge characterization of“General (Under Honorable Conditions) ” was appropriate and an upgrade would be inappropriate.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, and Discharge Process, 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, or does not otherwise...

  • USMC | DRB | 2009_Marine | MD0901645

    Original file (MD0901645.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB determined the characterization of service received, , was appropriate considering the length of service, UCMJ violations involved and post service documentation provided.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 | 2012_Navy | ND1200134

    Original file (ND1200134.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to:NONE/HONORABLE Summary of ServicePrior Service: Inactive:USNR (DEP)20010124 - 20010726Active: Period of Service Under Review: Date of Current Enlistment: 20010727Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20031031Highest Rank/Rate:MM3Length of Service:Years Months28 DaysEducation Level:AFQT: 89EvaluationMarks:Performance:NFIRBehavior:NFIROTA: NFIRAwards and Decorations (per DD 214):Periods...

  • NAVY | DRB | 2011_Navy | ND1100009

    Original file (ND1100009.rtf) Auto-classification: Denied

    The U.S. Department of Veterans Affairs determines eligibility for post-service benefits, not the Naval Discharge Review Board. ” 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. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

  • NAVY | DRB | 2007_Navy | ND0701043

    Original file (ND0701043.rtf) Auto-classification: Denied

    After a thorough review of the Applicant’s record, issues submitted, the Board determined that discharge awarded the Applicant at his court-martial was appropriate for the offenses he committed. 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)20000811 - 20000820Active:...