Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900347
Original file (ND0900347.rtf) Auto-classification: Denied

ex-SR, USN
Current Discharge and Applicant’s Request
Application Received: 20081201
Characterization of Service Received:
Narrative Reason for Discharge:
Authority for Discharge: MILPERSMAN 3630600

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

Summary of Service

Prior Service:
Inactive: US N R (DEP)      19930715 - 19940627     Active:  

Period of Service Under Review:
Date of Enlistment: 19940628     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19960412      Highest Rank/Rate: YNSN
Length of Service : Y ear ( s ) M onth ( s ) 15 D a y ( s )
Education Level:        AFQT: 45
Evaluation M arks:         Performance: 2.7 ( 2 )      Behavior: 3.1 ( 2 )        OTA: 2.7

Awards and Decorations ( per DD 214):      Pistol LOC

Periods of UA/C ONF : 13 Jun 95, 0600-0730 ; 14 Jun 95, 0600-0606 ; 03 Jul 95, 0600-0845; 03 Feb 96, 0700-0800

NJP :
- 19950803 :       Art icle 86 ( UA, a bsence without leave ), 3 specifications
         Article 91 (Willfully disobey lawful order – did not shave)
         Article 92 (Failure to obey order or regulation – not shaving, dereliction of duty) 2 specifications
          Awarded : Susp ended :

- 19960220 :       Article 86 ( UA, a bsence without leave )
         Article 92 (Failure to obey order or regulation – dereliction of duty, failed to show up for morning muster)
         Awarded: Susp ended :

S CM : SPCM: C C :

Retention Warning Counseling :

- 19950324 :       For being late to work on 14 & 23 March 1995.

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:              



Related to Post-Service Period (cont):

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

Oth er Documentation :

Administrative Corrections to the Applicant’s DD 214

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

         “ GENERAL (UNDER HONORABLE CONDITIONS) ”

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






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

Applicant’s Issues

 1. Change n arrative r eason of discharge.

Decision

Date : 20 0 9 0305             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 has requested a change to his narrative reason for separation. 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 retention warning counseling and two NJP ’ s for violations of the Uniform Code of Military Justice (UCMJ): Article 86 (Absence without leave ) ; Article 91 (Willfully disobey order) ; Article 92 (Failure to obey lawful order) and Article 92 (Dereliction of duty). Violation s of Article 91 and Article 92 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’s Commanding Officer identified “Misconduct due to commission of a serious offense as evidenced by CO’s NJP of 3 August 1995 for violation of UCMJ Articles 91 and 92 and CO’s NJP of 20 February 1996 f or violation of UCMJ Article 92” as the reason for processing the member out of the Naval service and recommended the characterization of service be awarded as “ General (Under Honorable Conditions) ” . Based on MILPERSMAN Article 3630600 (current at the time of separation) , an individual may be processed for administration separation when a punitive discharge would be authorized by the Manual for Courts Martial for the same or a closely related offense. Violation of Article 91 or Article 92 meets the criteria and the Board determined the awarded discharge characterization was appropriate.

Per BUPERS message 281857Z of Mar 96, the character of service (block 25 of DD Form 214) should read, “ Genera l (Under Honorable Conditions) ” ; t he Applicant’s DD Form 214, block 25 reads, “Honorable.” T he Board will recommend a change to correct this error.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Recor d Entries, Discharge Process , the Board found

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 July 1994 until 2 October 1996, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 91 and Article 92 .



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 | 2011_Navy | ND1101302

    Original file (ND1101302.rtf) Auto-classification: Denied

    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, Articles 87, 91, 92,and 134. ” 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...

  • NAVY | DRB | 2011_Navy | ND1101250

    Original file (ND1101250.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1.Applicant seeks a discharge upgrade to increase employment opportunities. Relief denied.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain...

  • NAVY | DRB | 2009_Navy | ND0900529

    Original file (ND0900529.rtf) Auto-classification: Denied

    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, 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...

  • NAVY | DRB | 2005_Navy | ND0501529

    Original file (ND0501529.rtf) Auto-classification: Denied

    The Applicant requests Narrative Reason for Separation be changed. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 4) Applicant’s DD Form 214 (Member 1) Extracted from Service Record (98 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19940615 - 19950604 COG Active: USN 19950605 – 19990521 HON Active:...

  • NAVY | DRB | 2009_Navy | ND0900381

    Original file (ND0900381.rtf) Auto-classification: Denied

    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...

  • NAVY | DRB | 2010_Navy | ND1001126

    Original file (ND1001126.rtf) Auto-classification: Denied

    The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects the Applicant’s willful failure to meet the requirements of conduct expected of all Sailors, especially one of his length of service, and falls short of what is required for an upgrade.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries and the administrative separation process, the Board found Therefore, the awarded...

  • NAVY | DRB | 2008_Navy | ND0801578

    Original file (ND0801578.rtf) Auto-classification: Denied

    The Applicant should be aware completion of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the Board on a case-by-case basis to determine if post-service conduct mitigates the reason for the characterization of discharge.The Applicant provided no statements on the DD Form-293. The Board determined based on the lack of post service documentation provided and the circumstances surrounding the situation that an upgrade would be...

  • USMC | DRB | 2010_Marine | MD1000081

    Original file (MD1000081.rtf) Auto-classification: Denied

    The Applicant should be aware submission of these items alone does not guarantee an upgrade from an unfavorable discharge as each discharge is reviewed by the NDRB on a case-by-case basis.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...

  • USMC | DRB | 2012_Marine | MD1200885

    Original file (MD1200885.rtf) Auto-classification: Denied

    ” 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. 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. Additionally, the NDRB has no...

  • NAVY | DRB | 2006_Navy | ND0601096

    Original file (ND0601096.rtf) Auto-classification: Denied

    No indication of appeal in the record.19921001: NJP for violation(s) of UCMJ: Article 86: (6 specifications): Between 19920921 – 19920923 and 19921001, fail to go on 6 occasions.Article 92: Dereliction in duty, wrongfully sleeping in classAward: Forfeiture of $100.00 for 1 month, restriction and extra duty for 14 days. Elements of Discharge: [INVOLUNTARY] Discharge Process: ADMINISTRATIVE BOARD PROCEDUREDate Notified:19921204Reason for Discharge:MISCONDUCT - MISCONDUCT - Least Favorable...