Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0800467
Original file (ND0800467.rtf) Auto-classification: Denied

ex-DCFN, USN
Current Discharge and Applicant’s Request
Application Received: 20071213
Characterization of Service Received:
Narrative Reason for Discharge: -COMMISSION OF A SERIOUS OFFENSE
Authority for Discharge: MILPERSMAN 3630600

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

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      19891005 - 19891009              Active:          19790419 - 19830318
                                                                                          19830319 - 19890318
                                                                                          19891010 - 19910829
Period of Service Under Review:
 Date of Enlistment: 19910830      Period of enlistment : Years Extension          Date of Discharge: 19930813
Length of Service : Yrs Mths 14 D ys      Education Level:         Age at Enlistment:       AFQT: 65/49
Highest Rank /Rate : DC1    Evaluation marks: Performance: 3.8 ( 3 )     Behavior: 3.3 ( 3 )          OTA: 3.53
Awards and Decorations ( per DD 214): (2 STARS) GCM (1 STAR) NEM (1 STAR) NDSM, SWASM CAR

Periods of UA /C ONF :

NJPs :    
         19930301 : Art(s) 92 (disobeying a lawful order or regulation) . Awarded - Susp - Vacate suspension on 19930729.
         19930729 : Art(s) 112a (wrongful use, possession, etc ., of controlled substance) . Awarded - Susp -

S CMs :   

SPCMs:  

C C :      

Retention Warnings: .
         19930301 : For dereliction of duty in performing PMS on the AFFF system.

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. In service –Equity (One isolated event) .

Decision

Date: 20 08 0516             Location: Washington D.C         R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall MISCONDUCT (COMMISSION OF A SERIOUS OFFENSE) .
Discussion

 Issue 1 ( ) : The Applicant claims his discharge was inequitable because it was based on one isolated incident in 13 plus years of service with no other adverse action. An honorable characterization of service is warranted when the quality of a member ’ s service generally meets the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A discharge under other than honorable conditions is warranted when a member engages in conduct involving one or more acts or omissions that constitute a significant departure from the conduct expected of members of the naval service. The Applicant ’ s service was marred by one retention warning and 2 nonjudicial punishments for violations of the Uniform Code of Military Justice, Articles 92 and 112a. Specifically pertaining to Article 112a, i ndividuals are indoctrinated from the day of recruitment and have had the policy reinforced through annual Navy-wide training sessions throughout their enlistment on the U.S Navy ’ s zero tolerance policy for substance abuse. Violation of Article 112a results in mandatory processing for administrative separation which usually results in an unfavorable characterization of discharge. Accordingly, this misconduct substantiates the reason for his separation as well as his characterization of service under other than honorable conditions. Violation of Articles 92 and 112a are also considered serious offenses for which a punitive discharge is authorized upon conviction at special or general court-martial. The Applicant ’ s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract and falls far short of that required for an upgrade of his 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, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 March 1993 until 21 July 1994, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - 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 .

C. 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 92 and 112a.


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 | ND0800622

    Original file (ND0800622.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 | 2006_Navy | ND0601019

    Original file (ND0601019.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:Reason for Discharge Least Favorable Characterization: Date Applicant Responded to Notification: Rights Elected at Notification:Consult with Counsel Administrative Board (PER DD FORM 214 BLOCK 26, SEPARATION CODE)Obtain Copies Submit Statement(s) Administrative Board Date: NOT APPLICABLERecommendation of Commanding Officer (date): Separation Authority (date):Narrative reason directed:Characterization directed: Date...

  • NAVY | DRB | 2007_Navy | ND0700411

    Original file (ND0700411.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in the Applicant’s discharge and characterization of his 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 discharge. If a former member has been discharged for more than 15 years, has already been granted a personal...

  • NAVY | DRB | 2007_Navy | ND0700026

    Original file (ND0700026.rtf) Auto-classification: Denied

    In the Applicant’s case, the Board could discern no impropriety or inequity in the Applicant’s discharge based merely on the fact that Applicant was not diagnosed until three years following his discharge and the fact that the applicant was unable to produce medical evaluation from the time the applicant claimed he was treated in 1998 until May of 2007. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries,...

  • USMC | DRB | 2009_Marine | MD0900922

    Original file (MD0900922.rtf) Auto-classification: Denied

    On page 4, Item 8, in the instructions for completion of DD Form 293, the Applicant is notified to submit evidence “which substantiate or relate directly to your issues in Item 6.” (Issues: Why an upgrade or change is requested and justification for the request). Additionally, when the DD Form 293 is received, the Applicant is mailed the NDRB’s Information Concerning Review Procedures, which discusses the submission of additional documents in paragraph 3, Submission of Evidence, and in the...

  • NAVY | DRB | 2007_Navy | ND0700783

    Original file (ND0700783.doc) 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) 19830216 - 19830217 Active: 19830218 - 19870122 19870123 - 19901030 Period of Service Under Review: Date of Enlistment: 19901031 Years Contracted: ; Extension: Date of Discharge: 19930820 Length of Service: 02 Yrs 09 Mths 20...

  • USMC | DRB | 2008_Marine | MD0801248

    Original file (MD0801248.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 | 2007_Marine | MD0700103

    Original file (MD0700103.rtf) Auto-classification: Denied

    Summary of Service Prior Service: Inactive: USMCR (DEP)20021122 - 20030622Active: Period of Service Under Review: Date of Enlistment: 20030623Years Contracted:; Extension: Date of Discharge:20050622 Length of Service: 02 Yrs 00Mths00 DysLost Time:Days UA: Days Confined: Education Level: Age at Enlistment:AFQT: 57MOS:6672Highest Rank:Proficiency/Conduct marks (# of occasions): N/A/N/AFitness reports: Awards and Decorations (per DD 214):RIFLE MARKSMAN BADGE, SEA SERVICE DEPLOYMENT RIBBON,...

  • NAVY | DRB | 2007_Navy | ND0701241

    Original file (ND0701241.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 Pertinent Regulation/Law A. ” 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. ” Only the Board for Correction of Naval...

  • NAVY | DRB | 2008_Navy | ND0801472

    Original file (ND0801472.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 violation of the UCMJ, Articles 92 and112a DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Access to medical benefits.2. The NDRB determined based on the serious nature of the Applicant’s offenses, and the sustained pattern of misconduct, the awarded...