Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900722
Original file (ND0900722.rtf) Auto-classification: Denied

ex-AR, USN
Current Discharge and Applicant’s Request
Application Received: 20090209
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)        20040930 - 20050503     Active:  
         USNR (DEP) 20050709 - 20050728

Period of Service Under Review:
 Date of Enlistment: 20050729     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20070618      Highest Rank/Rate: A N
Length of Service : Y ear ( s ) M onth ( s ) 17 D a y ( s )
Education Level:        AFQT: 35
Evaluation M arks:         Performance: 3.0 ( 1 )      Behavior: 2.0 ( 1 )        OTA: 2.67

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF :

NJP :
- 20060211 :       Art icle 86 ( UA, a bsen t without leave)
         Article 92 (Failure to obey order or regulation)
          Awarded : Susp ended :

- 20070611 :       Article 92 ( Failure to obey order or regulation )
          Awarded: Suspended:

S CM : SPCM: C C :

Retention Warning Counseling:

- 20060211 : For violation of UCMJ Article 86 and 92.
- 20070127: For violation of UCMJ Article 92, underage drinking.

Administrative Corrections to the Applicant’s DD 214

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

         Block 4a, Grade, Rate or Rank, should read: “A R ”
         Block 4b, Pay Grade, should read: “E 1 ”

The NDRB will recommend to the Commander, 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 1910-140, SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.
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 92.


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

Applicant’s Issues

 1. Educational opportunities.
2. Not given a chance to correct his problem and s hould have been given alcohol treatment.

Decision

Date: 20 0 9 0430             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall PATTERN OF 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 .

: ( ) . The Applicant contends he was not given a proper chance to correct his problems and he should have been provided alcohol rehabilitation treatment. 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 two NAVPER 1070/613 (Page 13) warnings and two NJP s for violations of the Uniform Code of Military Justice (UCMJ): Article 86 ( UA, a bsen t without leave) and Article 92 (Failure to obey order or regulation ), 2 specifications, one for underage drinking. Violation of Article 92 is considered a serious offense 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 based on an established pattern of misconduct.

The record of evidence shows the Applicant was given a page 13 warning after his first NJP and another one approximately five months before his second NJP. By receiving the Page 13 warning s instead of an NJP or court-marti al, the Applicant was given at least two documented opportunit ies by his commanding of ficer to correct his deficienc ies , but he failed to do so. Additionally, t he NDRB could not find in the members service record, nor did the Applicant provided any additional documentation , he was ever diagnosed as alcohol dependent. The NDRB recognizes that many of our service members engage in drinking alcoholic beverages but still manage to serve honorably and without incident. Not all members of the military service who engage in this activity require medical assistance or intervention due to overindulgence, addiction, or abuse of alcohol. However, should these unfortunate events occur there are numerous avenues a member may seek help from, if they desire. While we understand these unfortunate events sometimes do occur, the NDRB does not view a member’s claim of alcohol use to be a sufficient reason for misconduct. P rior to separation, members are offered the prescribed level of drug or alcohol treatment if they are determined to be drug or alcohol dependent. T he Applicant admitted he did not receive any alcohol treatment ; however, it was also noted he was not a self-refer ral for alcohol abuse nor was he command referred for suspected alcohol abuse ; he was not separated for alcohol rehabilitation failure ; and t he evidence of record does not demonstrate the Applicant was not responsible for his conduct or that he should not be held accountable for his actions due to alcohol or substance abuse. The NDRB determined the awarded discharge characterization was appropriate and an upgrade is not warranted.

After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and DD Form 293 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

  • USMC | DRB | 2008_Marine | MD0801649

    Original file (MD0801649.rtf) Auto-classification: Denied

    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 conduct mitigates the reason for the characterization of discharge.The Applicant provided a personal statement and as evidence of post-service accomplishments. The Board determined the characterization of service received, “Under Other Than Honorable Conditions”, was an...

  • NAVY | DRB | 2009_Navy | ND0900701

    Original file (ND0900701.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2008_Navy | ND0801021

    Original file (ND0801021.rtf) Auto-classification: Denied

    Susp - .Retention Warnings:.20031215:For unauthorized absence, disobeying a order and underage drinking.. 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...

  • NAVY | DRB | 2008_Navy | ND0801467

    Original file (ND0801467.rtf) Auto-classification: Denied

    Feels the military should train service members about the dangers of alcohol abuse. The Board determined his request for an upgrade was without merit.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...

  • NAVY | DRB | 2009_Navy | ND0900557

    Original file (ND0900557.rtf) Auto-classification: Denied

    The Board determined this issue was insufficient to justify the Applicant’s misconduct and clemency was not warranted. The Applicant is advised that completion of these items alone does not guarantee clemency will be granted, as each discharge is reviewed by the Board on a case by case basis to determine if post service conduct justifies clemency. The Board determined the characterization of service received, “Bad Conduct Discharge”, was an appropriate characterization considering the...

  • NAVY | DRB | 2009_Navy | ND0900419

    Original file (ND0900419.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: DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL...

  • NAVY | DRB | 2009_Navy | ND0900413

    Original file (ND0900413.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...

  • USMC | DRB | 2009_Marine | MD0900478

    Original file (MD0900478.rtf) Auto-classification: Denied

    The record of evidence shows the Applicant had served for 218 days upon notification of discharge proceedings on 3 March 2008.Therefore, the NDRB could not consider the Applicant’s request to change his discharge characterization to “Uncharacterized” so the NDRB considered the Applicant’s petition as a request to upgrade his characterization of service to “Honorable”. The NDRB determined a discharge upgrade would be inappropriate.After a thorough review of the available evidence, to include...

  • USMC | DRB | 2009_Marine | MD0900067

    Original file (MD0900067.rtf) Auto-classification: Denied

    The Applicant remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of discharge. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has...

  • USMC | DRB | 2008_Marine | MD0801939

    Original file (MD0801939.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall MISCONDUCT.Discussion The former military service member’s parents obtained the services of a civilian counsel who is requesting a discharge upgrade to “Honorable” and a corresponding change to the separation code: The member was involved in a fatal automobile accident before he could finish the effort of correcting his military record himself. The Board acknowledges the limitations on both...