Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0800412

Original file (ND0800412.rtf) Auto-classification: Denied

ex-ADAA, USN

Current Discharge and Applicant’s Request

Application Received: 20071231

Characterization of Service Received:

Narrative Reason for Discharge: (CIVIL CONVICTION)
Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
Inactive: US N R (DEP)      19990610 - 19990623     Active:          19990624 - 20030617
Period of Service Under Review:
Date of Enlistment: 20030618      Period of enlistment : Years Extension          Date of Discharge: 20070306
Length of Service : Yrs Mths 1 3 D ys      Education Level:         Age at Enlistment:       AFQT: 45
Highest Rank /Rate : AD AN Evaluation marks: Performance: NFIR       Behavior: NFIR    OTA: NFIR
Awards and Decorations ( per DD 214): , , , , (2)

Periods of UA /C ONF : 20061103-20070228 (117 days)

NJPs :
         2004112 2: Art(s) 121, 107, 81 . Awarded - , ,    Susp -
         20050210 : Art(s) 86 .              Awarded - , ,    Susp -
         20050712 : Art(s) 86 .              Awarded -                         Susp -
         20050920 : Art(s) 91 .              Awarded - ,              Susp -

S CMs :

SPCMs:

C C :
         20050615 : Offense: Destruction of property/monument. Sentence - Jail, Fine and court cost. Susp - Jail .
         20060502 : Offense: Concealed weapon . Sentence - Fine and court cost .
         200606 20 : Offense: Improper driving. Sentence - Fine, court cost, jail for 90 days . Susp - Jail for 80 days.
         20061016 : Offense: Driving under a suspended license, and permitting operation of an unlicensed motor vehicle . Sentence - Jail for 365 days, fine and court cost. Susp - Jail for 355 days.
         20061102 : Offense: Robbery . Currently being adjudicated .

UA:      1
         20070 107 : UA from 0 545-0750, 20050121 (2 hours, 5 minutes).

Retention Warnings: .
         20050217 : For absence without leave .
         20060407 : For public intoxication and failure to inform chain of command of this incident .

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)

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ CONTINUOUS HONORABLE ACTIVE DUTY SERVICE FROM 19990624 UNTIL 20030617 ”

The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.

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

Applicant’s Issues

1. Service Benefits
2. Record of Service
3 . Marital Problems

Decision

Date: 20 08 0411 Location: Washington D.C R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall MISCONDUCT (CIVILIAN CONVICTION) .

Discussion

: (Equity) 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 s 2 and 3 : (Equity) The Applicant infers that his misconduct was due to marital difficulties. D espite a servicemember’s prior record of se rvice and marital status , certain serious offenses warrant separation from the n aval service in order to maintain proper order and discipline. The characterization of service is a description of the total service provided during the member’s enlistment. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A n under other than honorable conditions di scharge 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. The Applicant’s service was marred by five civil convictions (for destruction of property, carrying a concealed weapon, improper driving, driving under a suspended license, and robbery) and four nonjudicial punishments for violations of UCMJ Articles 81 (Conspiracy), 86x2 (Unauthorized Absence), 91 (Insubordinate conduct), 107 (False Official Statements), and 121 (Larceny). Each violation of Articles 81, 91, 107, and 121 constitutes the “co mmission of a serious offense” which is punishable by a dishonorable discharge and up to 5 years of imprisonment if adjudicated by a Courts Martial. The Applicant was properly advised of his intended administrative separation due to pattern of misconduct, misconduct by the commission of a serious offense and civil conviction. During this processing the Applicant elected to waive his right to be represented by an attorney and to have his case heard before an administrative board. The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade in the characterization of service.

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 12, effective 28 July 2005 until Present, Article 1910-144, Separation by Reason of Misconduct - Civilian Conviction.

B. 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 s 81, 91, 107, and 121. .

C . 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 | 2008_Navy | ND0800153

Original file (ND0800153.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 | 2007_Navy | ND0700133

Original file (ND0700133.rtf) Auto-classification: Denied

86 – [Unauthorized absence (2 specs)]; Viol of UCMJ Art 107 – (False official statement). ” 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 the NDRB is restricted to upgrades based on clemency.
NAVY | DRB | 2008_Navy | ND0800443

Original file (ND0800443.rtf) Auto-classification: Denied

Young and immature Decision Date: 20080404Location: Washington D.C Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall PATTERN OF MISCONDUCT.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. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record...
NAVY | DRB | 2011_Navy | ND1101211

Original file (ND1101211.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/To Congress member: Pertinent Regulation/Law A. In lieu of the full...
NAVY | DRB | 2009_Navy | ND0900025

Original file (ND0900025.rtf) Auto-classification: Denied

The Applicant has requested an upgrade in his discharge characterization to “General (Under Honorable Conditions)” to better his life. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the time served and the numerous and varied UCMJ violations involved, and based on the lack post service documentation provided an upgrade would be inappropriate.Should the Applicant obtain additional...
NAVY | DRB | 2011_Navy | ND1101252

Original file (ND1101252.rtf) Auto-classification: Denied

Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities as regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the...
USMC | DRB | 2008_Marine | MD0800805

Original file (MD0800805.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...
USMC | DRB | 2008_Marine | MD0800819

Original file (MD0800819.rtf) Auto-classification: Denied

Awarded - ,,Susp - 20050317: Art(s) 121 (Larceny).Awarded - ,,,Susp - 6105 Counseling: 20020826: For Unauthorized absence.20021211: For Unauthorized absence 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:...
NAVY | DRB | 2008_Navy | ND0800557

Original file (ND0800557.rtf) Auto-classification: Denied

Decision Date: 20080523Location: Washington D.C Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall (DRUG ABUSE).Discussion :() RELIEF NOT WARRANTED.The Applicant contends his characterization of discharge should be upgraded because he is not the same person and his family should not have to suffer because of bad decisions he made 13 years ago.The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will...
USMC | DRB | 2008_Marine | MD0801205

Original file (MD0801205.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: NONE DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Record of service. ” 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...

Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800412

Similar Decisions