Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0801441

Original file (ND0801441.rtf) Auto-classification: Denied

ex-BMSN, USN

Current Discharge and Applicant’s Request

Application Received: 20080625

Characterization of Service Received: OTHER THAN HONORABLE

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) 20000417 - 20001015                 Active:

Period of Service Under Review:
Date of Enlistment: 20001016     Period of E nlistment : Years Extension         Date of Discharge: 20040217
Length of Service : Y ear s M onth s 02 D a ys Education Level: Age at Enlistment:
Highest Rank /Rate :       BM3 Evaluation M arks: Performance: 2.7 ( 4 ) Behavior: 2.7 ( 4 ) OTA: 2.62 AFQT: 35
Awards and Decorations ( per DD 214): NDSM

Period of UA : 0715-1030, 20030627 (Less than 24 hours)

NJP :
- 20040130 : Art icle 112a ( Drug use), Extracted from Evaluation Report & Counseling Record dated 20040217
Awarded : Susp ended :

S CM : SPCM: C C : Retention Warnings:

Types of Documents Submitted/reviewed

Related to Military Service:
DD 214:         Service/ 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 Congress m ember :

Other Documentation (Describe) :

Pertinent Regulation/Law

A . The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 28 April 2005, Article 1910-146, 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 .

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 112a , Drug abuse .

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

Applicant’s Issues

1. Se eking education benefits to become an RN.
2. Di scharge inequitable because it was based on one isolated incident with no other adverse action.

Decision

Date: 20 08 1030 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall MISCONDUCT (DRUG ABUSE) .

Discussion

: The Applicant is seeking an upgrade in order to further her education, become an RN , and provide for her twins without depending on her mother and welfare. 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 , specifically the paragraph concerning , for additional information regarding .

: ( ) . The Applicant contends her characterization of discharge is inequitable because it was based on one isolated incident in 36 months of service with no other adverse action. She admits “I did a very immature thing getting out of my obligation as when I did” and no longer takes life for granted anymore. 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 NDRB advises the Applicant that despite a service member’s prior record of service, certain serious offenses, even though isolated, warrant separation from the Navy in order to maintain proper order and discipline. The Applicant's misconduct is documented in her service record, which is marred by the finding at a NJP proceeding on 30 October 2004 for violation of the U niform C ode of M ilitary J ustice (UCMJ): Article 112a, (Drug use, w rongful use of a controlled substance ) . Although discharge for one violation of the UCMJ may seem harsh, that violation was for abuse of a controlled substance, thus substantiating the misconduct for which she was separated. Individuals 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. Violations of this policy result in mandatory processing for administrative separation which usually results in an unfavorable characterization of discharge. Based on the foregoing evidence of drug use and the lack of mitigating circumstances or post service conduct, the NDRB determined 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: 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 or for any basis wherein an Other Than Honorable Discharge is authorized, 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

NAVY | DRB | 2009_Navy | ND0901339

Original file (ND0901339.doc) Auto-classification: Denied

ex-SR, USN Current Discharge and Applicant’s Request Application Received: 20090421 Characterization of Service Received: Narrative Reason for Discharge: Authority for Discharge: MILPERSMAN 3630620 (DRUG ABUSE) Applicant’s Request: Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: NONE Active: Period of Service Under Review: Date of Enlistment: 19940207 Age at Enlistment: Period of Enlistment: Years Date of Discharge: 19970731 Highest...
NAVY | DRB | 2010_Navy | ND1001027

Original file (ND1001027.rtf) Auto-classification: Denied

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 characterization of service shall and the narrative reason for separation shall remain . ” 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...
NAVY | DRB | 2015_Navy | ND1500396

Original file (ND1500396.rtf) Auto-classification: Denied

After an exhaustive review, the NDRB determined that the Applicant’s claim of MST and other military trauma did not mitigate the Applicant’s misconduct. ” 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. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans...
NAVY | DRB | 2008_Navy | ND0800576

Original file (ND0800576.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 | 2008_Navy | ND0801483

Original file (ND0801483.rtf) Auto-classification: Denied

The Applicant has provided documentation of employment, credit score, police record check, character references, and educational accomplishments in support of his request for an upgrade.While the Board applauds the Applicant’s post service efforts, the Board determined the evidence of post-service conduct did not to mitigate the misconduct which precipitated the discharge. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries,...
NAVY | DRB | 2008_Navy | ND0801500

Original file (ND0801500.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of Service Prior Service: Inactive: USNR (DEP)20020228 - 20020325Active: Period of Service Under Review: Date of Enlistment: 20020326Period of Enlistment: YearsExtensionDate of Discharge:20030909Length of Service:Years Months14 DaysEducation Level: Age at Enlistment:AFQT:41Highest Rank/Rate:MSSNEvaluationMarks:Performance:3.0(1) Behavior:1.0(1)OTA:2.17Awards and Decorations (per DD...
NAVY | DRB | 2015_Navy | ND1500044

Original file (ND1500044.rtf) Auto-classification: Denied

After carefully reviewing the Applicant’s record, and her statement to the NDRB, the NDRB determined that, although the Applicant did use Oxycodone, her Oxycodone use was expressly prescribed to her by medical authorities, and there was no evidence of wrongful use. 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 characterization of service shall change to...
NAVY | DRB | 2012_Navy | ND1200131

Original file (ND1200131.rtf) Auto-classification: Denied

Representation: NONE By a vote of the Characterization shall .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.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include...
NAVY | DRB | 2008_Navy | ND0801397

Original file (ND0801397.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: Substance Abuse: Criminal Records: Family/Personal Status: Community Service: References: Additional Statements: From Applicant: From Representation:From Congress member: Other Documentation (Describe): DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW...
NAVY | DRB | 2009_Navy | ND0900442

Original file (ND0900442.rtf) Auto-classification: Denied

Documentation to help support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificate (if applicable); character witness statements; documentation of community or church service; certification of non-involvement with civil authorities; evidence of financial stability or letters of good standing from banks, credit card companies, or other financial institutions; attendance or completion of higher...

Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801441

Similar Decisions