Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0900977
Original file (ND0900977.rtf) Auto-classification: Denied

ex-SR, USN
Current Discharge and Applicant’s Request
Application Received: 20090311
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)        19921008 - 19930516     Active:  

Period of Service Under Review:
Date of Enlistment: 19930517     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 19940923      Highest Rank/Rate: FA
Length of Service : Y ear ( s ) M onth ( s ) 19 D a y ( s )
Education Level:        AFQT: 39
Evaluation M arks:         Performance: 3.3 ( 2 )      Behavior: 3.4 ( 2 )        OTA: 3.30

Awards and Decorations ( per DD 214):     

Periods of UA /C ONF : See below   

NJP : 19940 70 4 Case was referred to S ummary C ourt M artial (SCM)

S CM :

- 19940802 :       Art icle 86 (UA 19940524-19940713 (49 DAYS) )
         Article 87 (Missing movement on or about 19940524 )
          Sentence : CONF 3 DAYS B&W , CONF FOR 24 DAYS

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 :

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 86 (Unauthorized absence over 30 days) and Article 87 (Missing ship’s movement) .




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

Applicant’s Issues

 1. Too young and immature to deal with military life and family crisis.
 2. Post service conduct.
Decision

Date : 20 0 9 0810             Location: Washington D.C .        R epresentation :

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

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the characterization or reason for discharge if such a change is warranted. 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 in cludes one retention warning and one nonjudicial punishment (NJP) on 24 May 1994 for violation of the Uniform Code of Military Justice, Article 86 (Unauthorized absence – 49 days ) and Article 87 (Missing ship’s movement) ; this NJP was referred to a SCM for final disposition o n 2 August 1994. Per the Commanding Officer ’s (USS WABASH (AOR 5) letter of 12 August 1994, the Applicant was notified of administrative separation processing by reason of misconduct due to the Commission of a Serious Offense ( as evidenced by his SCM ) and recommended for separation with a characterization of General (under honorable conditions). Upon being notified of administrative separation processing the Applicant waived all of his rights, including the right to consult with qualified counsel, submit a written statement, and request an Administrative Board . Per the Naval Personnel Command General Administrative Message of 7 September 1994, the Applicant was discharged due to Misconduct –Commission of a Serious Offense and assigned an Other Than Honorable characterization of service.

: (Decisional) ( ) . The Applicant contends his characterization of discharge should be upgraded because [at the time of discharge] he “ was too young and immature to handle the situation of being in the service and attempting to care for a wife who was very ill and her two young children . ” The Applicant’s Commanding o fficer ’s comments contained in the recommenda tion for administrative separation of 12 August 1994 discussed supra , were as follows:
1) The Applicant should not be in the Navy, 2) he lacked the maturity to cope with “ his private life and his service life which was the reason he went UA,” and 3) “ his attitude and behavior convinced me to request this administrative separation with a discharge characterized as General. ” After review ing the record , facts, statement of the Applicant and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service . Based on the Applicant’s overall in-service record, overall trait average, age, mitigating circumstances and recommendation of his commanding officer , the Board voted unanimously to upgrade the characterization of service to General (Under Honorable Conditions) , but his narrative reason for separation shall remain as issued .

: (Decisional) ( ) The NDRB did review this issue, but since the NDRB granted full relief based on the previous issue, no further response is required.
Summary: After a thorough review of the available evidence, to include the Applicant’s s ummary of s ervice, r ecord e ntries, and d ischarge p rocess, the Board found Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain .

ADDENDUM: Information for the Applicant

 Complaint Procedures : If you believe 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 : 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. 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. There are veterans organizations such as the American Legion and the Association of Service Disable Veterans that are willing to provide guidance to former service members in their efforts to obtain a discharge upgrade. 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 U.S. Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the NDRB. 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 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 is processed subsequently for an administrative involuntary separation or is referred to a court martial for misconduct, the disability evaluation is suspended 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 BCNR can grant this type of narrative reason change.

 Automatic Upgrades - 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 naval service.

Post-Service Conduct : The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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 support a post-service conduct upgrade includes, but is not limited to: a verifiable continuous employment record; marriage and children’s birth certificates (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; attendance at or completion of higher education (official transcripts); 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 in-service misconduct was an aberration and not indicative of the member’s overall character.

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

Similar Decisions

  • NAVY | DRB | 2009_Navy | ND0900266

    Original file (ND0900266.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 accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.Besides the Applicants statement on the DD Form 293, he provided additional references stating his commitment to community service and...

  • NAVY | DRB | 2007_Navy | ND0700026

    Original file (ND0700026.rtf) Auto-classification: Denied

    In the Applicant’s case, the Board could discern no impropriety or inequity in the Applicant’s discharge based merely on the fact that Applicant was not diagnosed until three years following his discharge and the fact that the applicant was unable to produce medical evaluation from the time the applicant claimed he was treated in 1998 until May of 2007. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries,...

  • NAVY | DRB | 2009_Navy | ND0901061

    Original file (ND0901061.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/To Representation:From/ToCongress member:Other Documentation: Pertinent Regulation/Law A. ” Additional Reviews : After a document review has been...

  • NAVY | DRB | 2007_Navy | ND0700134

    Original file (ND0700134.rtf) Auto-classification: Denied

    Date:20070912Location:Washington D.C.The Board found that Discussion Issue 1 (): The Applicant claims no administration separation board was held in this case. Based on the evidence of record, the Board found the Applicant’s claim to be unfounded.Issue 2 ():When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. After a thorough review of the available evidence, to include the Applicant’s Summary of Service,...

  • NAVY | DRB | 2009_Navy | ND0901331

    Original file (ND0901331.doc) Auto-classification: Denied

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

  • USMC | DRB | 2015_Marine | MD1500968

    Original file (MD1500968.rtf) Auto-classification: Denied

    I understand that waiving my right to an administrative discharge board will likely result in my receiving a discharge Under Other Than Honorable conditions from the Marine Corps.” Regarding the above statement of rights, the NDRB found that the Applicant was not discharged for commission of a serious offense due to his period of unauthorized absence, but for pleading guilty at Summary Court-Martial for Article 87 (Missing movement). Summary: After a thorough review of the available...

  • NAVY | DRB | 2009_Navy | ND0900648

    Original file (ND0900648.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENT Applicant’s Issues 1. ” 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. 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...

  • NAVY | DRB | 2009_Navy | ND0901479

    Original file (ND0901479.rtf) Auto-classification: Denied

    Based on the offenses committed by the Applicant, his command administratively processed him for separation. Accordingly, I recommend that the recommendation of the board be upheld.” After reviewing the record of evidence, the NDRB determined the awarded characterization of discharge was warranted.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...

  • NAVY | DRB | 2009_Navy | ND0902449

    Original file (ND0902449.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/To Representation:From/ToCongress member:Other Documentation: Pertinent Regulation/Law A.Naval Military Personnel Manual, (NAVPERS 15560C), Change 9,...

  • NAVY | DRB | 2009_Navy | ND0901469

    Original file (ND0901469.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. The NDRB found no documentation in the Applicant’s record, nor did the Applicant provide any, to support his claim that the anesthetic used to treat his broken nose caused him or would cause him to become an alcoholic. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is...