Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0801131

Original file (ND0801131.rtf) Auto-classification: Denied

ex-SK3, USN

Current Discharge and Applicant’s Request

Application Received: 20080428

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)      19990721 - 19990727              Active:

Period of Service Under Review:
Date of Enlistment: 19990728      Period of E nlistment : Years Extension          Date of Discharge: 20040526
Length of Service : Yrs M on ths 29 D a ys Education Level:         Age at Enlistment:       AFQT: 74
Highest Rank /Rate : SK 2    Evaluation M arks: Performance: 3.8 ( 5 )    Behavior: 3.4 ( 5 )         OTA: 3.55
Awards and Decorations ( per DD 214): GCM NDSM

NJPs :

S CMs :

SPCMs:

C C :

Retention Warnings: .

Types of Documents Submitted/reviewed

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) :

Pertinent Regulation/Law

A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 2 May 2005, 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 .

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

Applicant’s Issues

1. Feels based on her quality of service, discharge characterization should be HONORABLE

Decision

Date : 20 08 0911 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall FRAUDULENT ENTRY INTO THE MILITARY .

Discussion

: ( ) . The Applicant is asking that her discharge characterization be upgraded to “ H onorable ” because she served 4 years, 10 months and 29 days of a 5 year contract without a formal counseling or disciplinary action of any type . 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 . The Applicant’s background investigation revealed misconduct before her enlistment which was not listed on her security clearance form and pre-service a llegations of failure to pay just debts, destruction of private property (punching a hole in a club wall) and cocaine use. When confronted with these allegations, t he Applicant gave explanations for each of these incidents which, from all appearances after reviewing the service record, satisfied the command as they did not counsel or discipline her for any of these incidents. Her service average evaluation marks for Performance and Behavior were 3.8 and 3.55 , respectively. The Applicant’s Evaluation Report markings all reflect “ MEETS OR ABOVE STANDARDS. ” Additionally, h er immediate supervisor wrote a strong endorsement recommending a waiver and retention .

When a Sailor ’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. The Applicant’s service was honorable and there were no findings in her record to support characterization of “Under Other Than Honorable Condition ” . The Board determined without appropriate entries in her service record by the command documenting negative performance the Applicant’s record of service rated an “Honorable” characterization.

er H
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 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 or is referred to a court martial 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 other medical related reasons. 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 special 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. The NDRB does not have the jurisdictional authority to review a discharge or dismissal resulting from a general court-martial.

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 | 2011_Marine | MD1100194

Original file (MD1100194.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of ServicePrior Service: Inactive:USMCR (DEP)20050106 - 20050207Active: Period of Service Under Review: Date of Current Enlistment: 20050208Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:20090207Highest Rank:Length of Service: Years Months00 DaysEducation Level: AFQT:49MOS: 3531Proficiency/Conduct Marks (# of occasions):3.8()/4.1()Fitness Reports: Awards and Decorations (per DD...
NAVY | DRB | 2014_Navy | ND1400777

Original file (ND1400777.rtf) Auto-classification: Denied

Therefore, the NDRB discerned no impropriety and the Applicant’s separation for Physical Standards was proper.However, per Naval Military Personnel Manual Article 1910-170, the characterization of service for separation due to Physical Standards should be Honorable unless a General is warranted. Therefore, the awarded characterization of service shall but the narrative reason for separation shall remain.The Applicant remains eligible for a personal appearance hearing for a period of fifteen...
NAVY | DRB | 2014_Navy | ND1401067

Original file (ND1401067.rtf) Auto-classification: Denied

Based on the Applicant’s diagnosis of Personality Disorder by competent medical authority, command administratively processed for separation. ” 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. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.
NAVY | DRB | 2007_Navy | ND0700118

Original file (ND0700118.rtf) Auto-classification: Denied

Date:20070830Location:Washington D.C.The Board found that Discussion Issue 1 ().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. Date Applicant Responded to Notification:19930730 Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) ) Administrative Board GCMCA review Commanding Officer Recommendation (date): (19930804) Separation Authority...
NAVY | DRB | 2010_Navy | ND1000220

Original file (ND1000220.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: Pertinent Regulation/Law A.Naval Military Personnel...
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 | 2014_Navy | ND1400528

Original file (ND1400528.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20070428 - 20070610Active:20070611 - 20101118 Period of Service Under Review: Date of Current Enlistment: 20101119Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20131127Highest Rank/Rate:BM2Length of Service:Years Months09 DaysEducation Level:AFQT: 41EvaluationMarks:Performance:3.8(4)Behavior:3.3(4)OTA: 3.54Awards and Decorations (per DD...
NAVY | DRB | 2009_Navy | ND0901042

Original file (ND0901042.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall .Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. Based on a review of the Applicant’s record of service, his personal statement and evidence provided on his behalf, the Board determined that there was credible evidence of the Applicant’s illegal use of drugs. ” Additional Reviews :...
NAVY | DRB | 2014_Navy | ND1401059

Original file (ND1401059.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. DEPARTMENT OF THE...
NAVY | DRB | 2007_Navy | ND0700552

Original file (ND0700552.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)19880908 - 19881024Active: 19881025 - 19930121 Period of Service Under Review: Date of Enlistment: 19930122Years Contracted:6Date of Discharge:19950208Length of Service: 02 Yrs 00Mths17 DysLost Time:Days UA: Days Confined:...

Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801131

Similar Decisions