ex-MCSN, USN

                  Current Discharge and Applicant’s Request

Application Received: 20090310
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:   USNR (DEP) 20040830 - 20050103   Active:

Period of Service Under Review:
Date of Enlistment:  20050104     Age at Enlistment:
Period of Enlistment:   Years   Extension
Date of Discharge:  20060317 Highest Rank/Rate:  LISN
Length of Service:   Year(s)     Month(s)   14 Day(s)
Education Level:       AFQT:  63
Evaluation Marks:      Performance:  NFIR    Behavior:  NFIR  OTA:  NFIR

Awards and Decorations (per DD 214):

Periods of UA/CONF:

NJP:

SCM:

SPCM:

CC:

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 Representation:
      From Congress member:

                    Other Documentation:




                          Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 11,
effective 3 May 2005 until 16 May 2008,
Article 1910-134, Separation by Reason of Defective Enlistments and
Inductions - Fraudulent Entry Into the Naval Service.

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.





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

                             Applicant’s Issues

1. I want to get my RE Code changed from an RE-4 to an RE-3 because the
Army will take me.
2. My recruiter advised me to leave the part about my debts blank.

                                  Decision

Date:  20090820        Location:  Washington D.C.  Representation:

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  FRAUDULENT ENTRY INTO MILITARY
SERVICE.

                                 Discussion

:    which 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 implies that his discharge due to financial debt
misconduct was the result of his recruiter advising him to leave blank
those questions within his enlistment documents that involved personal
debt.  Therefore, the Applicant fraudulently failed to denote his
considerable debts.  The government enjoys a presumption of regularity in
the conduct of its affairs.  The Applicant bears the burden of overcoming
this presumption through the presentation of substantial and credible
evidence to support his issue.  There is no evidence in the record, nor has
the Applicant produced any evidence to support the contention that a
recruiter misled him through the recruitment process.  The Applicant’s
statements alone do not overcome the government’s presumption of regularity
in this case.  However, even if the Applicant could show misrepresentations
in the recruitment process, such misrepresentations would neither amount to
a justification nor to a defense for the Applicant’s own misconduct.  In
the Applicant’s Notification of Administrative Separation, the Commanding
Officer stated, “After one year of active naval service, LISN Leppert has
done absolutely nothing to address his financial problems.  There is a
reasonable expectation that a 29-year old adult would have at least a vague
understanding of his financial liabilities.  LISN Leppert has not
demonstrated the maturity or “focus of thought” one would expect of a
Sailor his age.”  Relief denied.

For the Applicant’s edification, the NDRB is authorized to consider post-
service factors in the recharacterization of a discharge.  However, there
is no law or regulation that provides for an unfavorable discharge to be
upgraded based solely on the passage of time or good conduct 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.

Besides the Applicant’s DD Form 293, the Applicant provided no
documentation for review.  To warrant an upgrade the Applicant’s post
service efforts need to be more encompassing.  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.  Should the Applicant feel his post service conduct becomes
substantial enough to warrant a personal appearance, there are veterans
organizations, such as the American Legion, willing to provide guidance to
assist former service members in their efforts to obtain a discharge
upgrade.

Summary:  After a thorough review of the available evidence, to include the
Applicant’s summary of service,  record entries, discharge process, the
Board found    Therefore, the awarded characterization of service shall
remain, General (Under Honorable Conditions), and the narrative reason for
separation shall remain Fraudulent Entry into Military Service.


                  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, provided 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 granted 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.

Employment/Educational Opportunities:  The NDRB has no authority to upgrade
a discharge for the sole purpose of enhancing employment or educational
opportunities.  Regulations limit the NDRB’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 NDRB 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 NDRB 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 NDRB 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