Upgrade.Vet

NAVY | DRB | 2009_Navy | ND0900016

Original file (ND0900016.rtf) Auto-classification: Denied

ex-SK3, USN

Current Discharge and Applicant’s Request

Application Received: 20081001

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      19931230 - 19940713     Active:          19940714 – 200 11114 HON
                                    USN      2001 1115 – 200 60 111 HON

Period of Service Under Review:
Date of Enlistment: 20060112     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20070608      Highest Rank/Rate: SK2
Length of Service : Y ear ( s ) M onth ( s ) 27 D a y ( s )
Education Level:        AFQT: 36
Evaluation M arks:         Performance: 4.0 ( 3 )      Behavior: 2.33 ( 3 )       OTA: 3.48

Awards and Decorations ( per DD 214):      (2) (3) (2) (2) (4) NAVY “E”(3)

Periods of UA /C ONF :

NJP :
- 20070518 :       Art icle 86 (UA )
         Article 95 (Fleeing and eluding police officers)
         Article 111 (Operating a vehicle while under the influence of alcohol)
         Article 134 (Unlawful carrying of a concealed weapon)
         Awarded : Susp ended :

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

Administrative Corrections to the Applicant’s DD 214

The NDRB did note administrative error(s) on the original DD Form 214:

         “ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 940714 UNTIL 060111 ”

The NDRB will recommend to the C ommander, Navy Personnel Command , that the DD 214 be corrected as appropriate.

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 :

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 s of the UCMJ : Article 86, Article 95, Article 111, and Article 134 .

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

Applicant’s Issues

1. Veteran’s b enefits.
2. Prior honorable service of 12 years.
3 . Post service conduct.

Decision

Date: 20 0 9 0416 Location: Washington D.C . R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall MISCONDUCT .

Discussion

: The Applicant would like an upgrade to obtain veteran’s benefits. 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 is requesting an upgrade based on his two prior consecutive honorable discharges . 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 violation of the Uniform Code of Military Justice (UCMJ): Article 86 ( U A); Article 95 ( Fleeing and eluding police officers ); Article 111 ( Operating a vehicle while under the influence of alcohol) and Article 134 ( Unlawfully carrying a concealed weapon ) . Pursuant to MILPERSMAN 1910-306, characterization of service will be determined solely on the period of the current enlistment or period of service to which the separation pertains. The board considered the entries in the member’s record pertaining to this enlistment only in determining whether his characterization was equitable. Based on the Applicant’s misconduct in the current enlistment and lack of mitigating evidence the Board determined the awarded discharge characterization was appropriate and an upgrade is not warranted.

: ( ) . The Applicant contends since being discharged he has w orked at the lowest level and was promoted to supervisor in a military supported company without any misbehavior. He has submitted a police record check from Montgomery, Alabama for the Board’s consideration. 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; 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.

While the Board applauds the Applicant’s post service efforts, the Board determined the evidence of post-service conduct was not sufficient to warrant an upgrade. 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 | 2006_Navy | ND0601090

Original file (ND0601090.rtf) Auto-classification: Denied

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable. Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation 20050513: Medical evaluation by Substance Abuse counselor, LT MSC, USNR. Elements of Discharge: Discharge Process: Date...
NAVY | DRB | 2013_Navy | ND1300003

Original file (ND1300003.rtf) Auto-classification: Denied

Based on the offenses committed by the Applicant, command administratively processed for separation. The Applicant contends his discharge was too harsh.During the Applicant’s four years of service, he was found guilty at three NJPs for serious offenses and received a retention warning after his first NJP that warned that he could be discharged if he committed further misconduct. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal...
NAVY | DRB | 2008_Navy | ND0801563

Original file (ND0801563.rtf) Auto-classification: Denied

The Applicant contends he is entitled to a change in the narrative reason for separation due to the circumstances which mitigated his misconduct. The NDRB particularly notes the documented evidence related to the Applicant’s depression and other mental health concerns, including evidence of post-service treatment provided by the Veterans Administration (VA), does not relieve the Applicant from responsibility for his actions. Additionally, the Board has no authority to upgrade a discharge...
NAVY | DRB | 2008_Navy | ND0801194

Original file (ND0801194.rtf) Auto-classification: Denied

Sailor and the Board 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...
NAVY | DRB | 2015_Navy | ND1500491

Original file (ND1500491.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 remain UNDER OTHER THAN HONORABLE CONDITIONS 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...
NAVY | DRB | 2009_Navy | ND0902617

Original file (ND0902617.rtf) Auto-classification: Denied

Retention Warning Counseling: 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: DEPARTMENT OF THE NAVYNAVAL...
USMC | DRB | 2011_Marine | MD1102090

Original file (MD1102090.rtf) Auto-classification: Denied

Applicant’s Request:Characterization change to: Narrative Reason change to: Summary of ServicePeriod of Service Under Review: Date of Current Enlistment: 19940829Age at Enlistment: Period of Enlistment: Years MonthsDate of Discharge:19971007Highest Rank:Length of Service: Year(s)Month(s)10 Day(s)Education Level: AFQT:75MOS: 1341Proficiency/Conduct Marks (# of occasions):()/()Fitness Reports: Awards and Decorations (per DD 214):Rifle , ,, LoANJP:SCM:SPCM:- 19960521:Article (Failure to obey...
NAVY | DRB | 2009_Navy | ND0902421

Original file (ND0902421.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 | 2001_Navy | ND01-00082

Original file (ND01-00082.rtf) Auto-classification: Denied

On this basis, he requests the Board’s relief with recharacterization of his service period to honorable. On this basis, he requests the Board’s relief with recharacterization to of his service period to honorable. Relief is therefore denied.The applicant’s representative submitted the following as issue 2:
NAVY | DRB | 2009_Navy | ND0900044

Original file (ND0900044.rtf) Auto-classification: Denied

The NDRB determined the awarded discharge was appropriate and 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...

Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900016

Similar Decisions