Upgrade.Vet

NAVY | DRB | 2008_Navy | ND0801969

Original file (ND0801969.rtf) Auto-classification: Denied

ex-ABEAN, USN

Current Discharge and Applicant’s Request

Application Received: 20080925

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)      20011031 - 20020704     Active:

Period of Service Under Review:
Date of Enlistment: 20020705     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20041028      Highest Rank/Rate: ABE AN
Length of Service : Y ear s M onth s 17 D a ys
Education Level:        AFQT: 70
Evaluation M arks: Performance: 3.0 ( 3 ) Behavior: 1.6 ( 3 ) OTA: 2.55

Awards and Decorations ( per DD 214):

Periods of UA /C ONF :

NJP :
- 20040927 : Art icle 8 5 ( Desertion )
Article 91 (Insubordinate conduct), 2 specifications
Article 92 (Failure to obey lawful order)
Article 108 (Damage of government property)
Article 121 (Larceny)
Article 134 (Threat of hoax, bomb)
Awarded : Susp ended :

S CM : SPCM: C C : Retention Warning Counseling :

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 :

Oth er Documentation :

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

Applicant’s Issues

1. Reenlistment opportunity.
2. Mitigating circumstances.
3 . Post-service conduct.

Decision

Date: 20 0 9 0129 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall 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. The Applicant is directed to the Addendum , specifically the paragraph concerning , regarding this Issue.

: ( ) . The Applicant contends he is entitled to a discharge upgrade due to circumstances which mitigated his misconduct. Specifically he contends his immaturity, separation from his family and depression contributed toward his misconduct. 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 record of service was marred by one NJP for violations of the Uniform Code of Military Justice (UCMJ): Article 85 (Desertion); Article 91(Insubordinate conduct); Article 92 (Disobeying a lawful order); Article 108 (Damage to government property); Article 121 (Larceny); Article 134 (Threat hoax). These are considered serious offenses which could have resulted in a punitive discharge and confinement if adjudicated and awarded as part of a sentence by a special or general court-martial. The command did not refer the Applicant for a court martial but opted instead for an administrative discharge.

The Applicant claims the impact of being separated from his family for the first time in his life caused significant stress. He also contends since he was only 17 he was immature and not mentally prepared for military service and the adjustment to military life was traumatic for him. While the Board understands many service members join when they are young and undergo a drastic change from the home life they grew up in and are used to , the vast majority of service members do not desert, damage government property, commit larceny, become insubordinate and fail to obey orders, or threat en a bomb hoax. It was noted the Applicant’s NJP occurred in September 2004, 26 months after he joined and when he was 19 years old. As stated above, these are serious offenses, especially for someone who had already been in the Navy for 26 months; long enough to have embraced the Navy core values.

T he medical docum ents, submitted by the Applicant, confirm s he was evaluated and treated for psychological problems but they do not state the Applicant was not responsible for his actions due to family separation, youth or immaturity ; nor do they declare the Applicant mentally incompetent and not aware of right or wrong actions . While the Applicant may feel his family separation and youth contributed to his misconduct, the record of evidence does not support this. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved; an upgrade would be inappropriate.

: ( ) . The Applicant contends he is entitled to a discharge upgrade due to his post-service conduct. 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 documentation of a drug-free lifestyle. 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.

The Applicant provided only written statements regarding employment and attendance at college. 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, “Under Other Than Honorable Conditions”, was an appropriate characterization considering the length of service and the UCMJ violations involved, and based on the lack of post service documentation provided an upgrade would be inappropriate. 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

Pertinent Regulation/Law

A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 April 2005, 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 85, Article 91, Article 92, Article 108 and Article 121 .

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

USMC | DRB | 2008_Marine | MD0800804

Original file (MD0800804.rtf) Auto-classification: Denied

By a vote of the Narrative Reason shall 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, Service Record, Discharge Process and evidence submitted by the Applicant, the Board found that Pertinent Regulation/Law A. ” Additional Reviews : Subsequent to...
NAVY | DRB | 2011_Navy | ND1100043

Original file (ND1100043.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. DEPARTMENT OF THE NAVYNAVAL...
NAVY | DRB | 2013_Navy | ND1300600

Original file (ND1300600.doc) Auto-classification: Denied

DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.
NAVY | DRB | 2009_Navy | ND0901777

Original file (ND0901777.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to:Narrative Reason change to: Summary of Service Prior Service: Inactive:USNR (DEP)20030829 - 20040627Active: Period of Service Under Review: Date of Current Enlistment: 20040628Age at Enlistment:Period of Enlistment: YearsExtensionDate of Discharge:20060323Highest Rank/Rate:SNLength of Service: Year(s)Month(s)26 Day(s)Education Level:AFQT: 53EvaluationMarks:Performance:3.0(1)Behavior:1.0(1)OTA: 2.67Awards and Decorations (per DD 214):Periods of...
USMC | DRB | 2008_Marine | MD0801771

Original file (MD0801771.rtf) Auto-classification: Denied

Record of service, including Good Conduct Medal.4. The NDRB determined Applicant’s characterization of service was properly considered by the Administrative Discharge Board and a change would be inappropriate. The Applicant is directed to contact the Veteran’s Administration at 1-888-422-4551and/or the Defense Finance and Accounting Service at 1-800-962-0648 for further information regarding this issue.After a thorough review of the available evidence, to include the Applicant’s Summary of...
NAVY | DRB | 2011_Navy | ND1100545

Original file (ND1100545.rtf) Auto-classification: Denied

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.The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...
NAVY | DRB | 2007_Navy | ND0700056

Original file (ND0700056.rtf) Auto-classification: Denied

Award: Forfeiture of $150.00 for 1 month, restriction to SSC BEQ and extra duty for 14 days.19901121: Retention Warning: Advised of deficiency (poor military performance, by wrongfully using reproachful words, wrongfully going on liberty without your armed forces liberty pass, by assaulting another service member, by wrongfully communicating a threat to sexually assault another service member), notified of corrective actions and assistance available, advised of consequences of further...
USMC | DRB | 2011_Marine | MD1100566

Original file (MD1100566.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.Per the Marine Corps Separation and Retirement Manual, 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...
USMC | DRB | 2011_Marine | MD1102132

Original file (MD1102132.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, and discharge process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .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...
USMC | DRB | 2010_Marine | MD1001737

Original file (MD1001737.rtf) Auto-classification: Denied

The NDRB conducted a thorough review of the Applicant’s discharge under the pertinent standards of equity to determine if any factors in this particular case merited clemency. Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, the verbatim transcript record of trial by Special Court-Martial, and the discharge process, the NDRB determined that Therefore, the awarded characterization of service shall BAD CONDUCT DISCHARGE...

Search Decisions

Decision Text

NAVY | DRB | 2008_Navy | ND0801969

Similar Decisions