Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0801802

Original file (ND0801802.rtf) Auto-classification: Denied

ex-PSSR, USN

Current Discharge and Applicant’s Request

Application Received: 20080903

Characterization of Service Received:

Narrative Reason for Discharge: COMMISSION OF A SERIOUS OFFENSE

Authority for Discharge: MILPERSMAN

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

Summary of Service

Prior Service:
Inactive: US N R (DEP) 20030822 - 20031030        Active:

Period of Service Under Review:
Date of Enlistment: 20031031     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20060317     Highest Rank/Rate: PSSA
Length of Service : Y ear s M onth s 17 D a ys
Education Level:        AFQT: 48
Evaluation M arks: Performance: NFIR Behavior: NFIR OTA: NFIR

Awards and Decorations ( per DD 214): NDSM GWOTSM

Periods of UA /C ONF : SCM: SPCM: CC:

NJP :
- 20040910 :       Art icle 89 ( Disrespect toward superior commissioned officer)
         Article 92 (Failure to obey order or regulation)
         Article 134 ( Communicating a t hreat )
         Awarded : Susp ended :

- 20060309 :       Article 86 ( UA ) , 2 specifications
         Article 87 (Missing movement)
         Article 91 (Willful disobedience toward a petty officer)
         Awarded : Susp ended :

Retention Warning Counseling :

-        20040904 : For violation of the UCMJ, Article 89 (Disrespect toward a superior commissioned officer) Article 92 (Failure to obey order or regulation) and Article 134 ( Communicating a t hreat ) as evidenced by your CO’s NJP of 20040903.

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 :

Related to Post-Service Period (cont):

                  From Applicant:         From Representat ion :    From Congress m ember :

Oth er Documentation :

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 26 April 2005 until Present, Article 1910-142, SEPARATION 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 87 ( Missing ship’s movement ); Article 89 ( Disrespect toward a superior commissioned officer ); Article 91 ( Willful disobedience toward a petty officer ); Article 92 ( Failure to obey an order or regulation ); and Article 134 ( Communicating a threat ) .

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

Applicant’s Issues

1. Seeking to use the GI Bill.
2. Post service conduct.

Decision

Date: 20 08 1211 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall COMMISSION OF A SERIOUS OFFENSE.

Discussion

: The Applicant is seeking an upgrade in order to use the GI Bill. 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 Employment/Educational Opportunities , for additional information r egarding .

: ( ) . The Applicant contends he is currently enrolled in school and remorseful for his actions. H owever, h e presented no documentation of post service conduct or educational accomplishments . 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 record of service was marred by 1 retention warning and 2 NJP’s for violations of the Un i form Code of Military Justice (UCMJ): Article 86 (UA); Article 87 (Missing ship’s movement); Article 89 (Disrespect toward a superior commissioned officer); Article 91 (Willful disobedience toward a petty officer); Article 92 (Failure to obey an order or regulation); and Article 134 ( Communicating a threat ) . These are considered serious violations which could have resulted in a punitive discharge and confinement if adjudicated and awarded by a special or general court-martial. The command did not pursue a pun i tive discharge but opted instead for an administrative discharge.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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, is considered during Board reviews. 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; and college transcripts . The Applicant is advised that completion of these items alone does not guarantee the upgrade of an unfavorable discharge, as each discharge is reviewed by the Board on a case by case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.

As stated above, the Applicant provided no post service documentation. To warrant an upgrade the Applicant’s post service efforts need to be more encompassing and documented . The Applicant could have produced additional evidence as stated in the above paragraph with the full understanding completion of these items alone does not guarantee an upgrade. The Board determined the characterization of service received, “General (Under Honorable Conditions)”, was an appropriate characterization and based on the lack of post service documentation an upgrade based on post service accomplishments would not be appropriate. Should the Applicant obtain additional evidence or post service documentation he may wish to apply for a personal appearance. There are veteran’s organizations, such as the American Legion, willing to provide guidance to assist former service members in their efforts to obtain a discharge upgrade.

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 | 2008_Navy | ND0801473

Original file (ND0801473.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. The Applicant requested for the NDRB to consider his post-service conduct in support of his request for an upgrade in his characterization to “Honorable.” Besides the Applicant’s statement on the DD Form 293, he provided an additional character reference and other post-service related documents on his behalf. appropriate based on the Applicant’s post-service conduct.After a...
NAVY | DRB | 2009_Navy | ND0900950

Original file (ND0900950.rtf) Auto-classification: Denied

By a unanimous vote of 5-0, the Board determined the characterization of service received, “Under Other Than Honorable Conditions,” and the narrative reason for the discharge; “Misconduct,” shall remain as issued considering the length of service and the UCMJ violations involved.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, theBoard found ADDENDUM: Information for...
NAVY | DRB | 2012_Navy | ND1200127

Original file (ND1200127.rtf) Auto-classification: Denied

Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, testimony, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .The Applicant is not eligible for further review from the NDRB. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing,...
NAVY | DRB | 2011_Navy | ND1101653

Original file (ND1101653.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.The Applicant seeks a change in his RE-code in order to reenlist into the Armed Forces.2. Relief 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 .The...
NAVY | DRB | 2009_Navy | ND0901262

Original file (ND0901262.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1.Post-service conduct 2. ” 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 | 2011_Navy | ND1100871

Original file (ND1100871.rtf) Auto-classification: Denied

Relief denied.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 .The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. ” Additional Reviews : After a document review has been conducted, former members are eligible for a...
NAVY | DRB | 2011_Navy | ND1100604

Original file (ND1100604.rtf) Auto-classification: Denied

The Applicant’s record of service during her enlistment period reflects one NAVPERS 1070/613 retention-counseling warning being issued. Furthermore, the Applicant’s service record documents four nonjudicial punishments (NJPs) for violations of the Uniform Code of Military Justice (UCMJ), specifically: Article 86 (Absent without leave, 4 specifications of unauthorized absence); Article 87 (Missing movement); Article 89 (Disrespect toward a superior commissioned officer); Article 91...
NAVY | DRB | 2007_Navy | ND0700798

Original file (ND0700798.rtf) Auto-classification: Denied

From Representation: From Member of Congress: Other Documentation (Describe) DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. 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 With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to...
NAVY | DRB | 2008_Navy | ND0800999

Original file (ND0800999.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...
NAVY | DRB | 2011_Navy | ND1101133

Original file (ND1101133.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing eligibility to receive veterans medical benefits.Regulations limit the NDRB’s review solely to a determination of the propriety and the equity of a discharge. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance...

Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801802

Similar Decisions