Search Decisions

Decision Text

NAVY | DRB | 2009_Navy | ND0901561
Original file (ND0901561.rtf) Auto-classification: Denied

ex-AN, USN
Current Discharge and Applicant’s Request
Application Received: 20090512
Characterization of Service Received:
Narrative Reason for Discharge: (ALCOHOL ABUSE)
Authority for Discharge: MILPERSMAN [fraudulent entry into military service]

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

Summary of Service

Prior Service:
Inactive:         USNR (DEP)       20070410 - 20070515 ELS
         US N R (DEP)        20070623 - 20070627     Active:  

Period of Service Under Review:
Date of Current Enlistment: 20070628     Age at Enlistment:
Period of E nlistment : Years Extension
Date of Discharge: 20070802      Highest Rank/Rate: AN
Length of Service : Y ear ( s ) M onth ( s ) 05 D a y ( s )
Education Level:        AFQT: 85
Evaluation M arks:         Performance: NA   Behavior: NA     OTA: NA

Awards and Decorations ( per DD 214):      NONE

Periods of UA /C ONF :

NJP :   

SCM:   

SPCM:

CC:

Retention Warning Counseling :

- 20070713 :       Not eligible for reenlistment due to ASMO code: 311
Administrative Corrections to the Applicant’s DD 214

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

          Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, should read: “ NATIONAL DEFENSE SERVICE MEDAL
         “ UNCHARACTERIZED ”
         “ FRAUDULENT ENTRY INTO MILITARY SERVICE (ALCOHOL ABUSE) ”

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 /To Representat ion :            From /To Congress m ember :         

Oth er 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.        Wants to reenlist in the United States m ilitary .
2. Wants to get his reentry (RE) code change d .
3 .       D ischarge was improper .
4. Post-service warrants consideration.

Decision

Date: 20 10 0204             Location: Washington D.C .        R epresentation :

By a vote of the Characterization shall .
By a vote of the Narrative Reason shall (ALCOHOL ABUSE).
Discussion

 The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharg e if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of g overnment al affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant’s record of service reflects no misconduct that resulted in nonjudicial punishment (NJP) or court-martial. The Applicant was diagnosed on 12 July 2007 by Naval Heath Clinic Great Lakes Recruit Evaluation Unit for depressive disorder, not otherwise specified ( NOS ) , existed prior to service ( EPT S), alcohol dependence, and personality disorder , NOS, EP T S with predominately depressive features . Based on the Applicant’s failure to disclose his history of psychiatric treatment or counseling and psychotropic medication prior to entry into the Navy, command administratively processed for separation. When notified of administrative separation processing using the procedure, the Applicant waived rights to consult with a qualified counsel, submit a written statement, and request a General Court-Martial Convening Authority (GCMA) review .

: (Nondecisional) The Applicant is requesting to reenlist in the military and get his RE code changed. 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 of Correction for 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.
: (Decisional) ( ) . The Applicant contends his discharge was improper because it was not based upon any events that occurred during his time in service, but on prior events which he mentioned to his recruiter at time of enlistment. These pre-service events were believed not to be pertinent. For the information of the Applicant, neither he nor the recruiter makes the determination whether or not pre-service events are pertinent or not. The Applicant falsely marked “NO” for blocks 17.e (Received counseling of any type), 17.f (Depression or excessive worry), and 17.g (Been evaluated or treated for a mental condition) on his Report of Medi cal History, which he filled out for his enlistment and signed on 10 April 2007. In addition, he fraudulently and falsely answer questions 19 (Drug use), and 30 (Alcohol use) on his Standard Form 86 – Questionnaire for National Security Positions, by marking “NO.” In his medical appointment at Great Lakes on 12 July 2007, the Applicant told the doctor he had been diagnosed with depression in January 2007 , was prescribed Prozac, and had stopped taking it two weeks prior to recruit training. (The Applicant stated he stopped taking it in April 2007, but did not provide any documentary evidence to support his claim regarding the prescription amount or duration .) The Applicant also admitted to attending a substance abuse program after his civilian driving while under the influence (DWI) arrest. The NDRB determined the Applicant clearly met the requirements for separation by reason of fraudulent entry into military s ervice and erroneous enlistment. Since the Applicant had less than 180 days of service, the awarde d characterization was appropriate . Relief denied .

Issue 4 : (Decisional) ( ) . The Applicant contends he has been financially stable , has not had any problems with law enforcement, and is pursuing his Bachelor’s Degree . The NDRB conside rs post-service conduct to determine if the misconduct committed during active duty was indicative of the Applicant' s character or an aberration. Besides the Applicant's statement, the DD Form 293, one character reference letter from his employer, a letter from a counselor stating that the Applicant had been receiving treatment for alcohol abuse, and a copy of his unofficial college transcript , he failed to provide any additional documentation and evidence on his behalf to support a post-service conduct review. The Board determined the Applicant did not provide sufficient post-service documentary evidence to form a basis of relief. The Applicant's statements alone, without sufficient documentary evidence, are not enough to form a basis of relief. On page 4, Item 8, in the instructions for completion of DD Form 293, the Applicant is notified to submit evidence "which substantiate or relate directly to your issues in Item 8" (Issues: Why an upgrade or change is requested and justification for the request). Additionally, upon receipt of the Applicant's DD Form 293, the NDRB mails an acceptance letter that includes Information Concerning Review Procedures , which discusses the submission of additional documents in paragraph 3, Submission of Evidence , and in the last section on page 4, Information Pertaining to a Review Based Upon Post-Service Conduct . However, even if the Applicant could have produced additional evidence to support a review based on his post-service conduct, the Applicant must have a full understanding that post-service conduct alone does not guarantee an upgrade.
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 the discharge was proper and equitable at the time of discharge. Therefore, the awarded characterization of service shall and the narrative reason for separation shall remain (ALCOHOL ABUSE) .

The Applicant remains eligible for a personal appearance hearing for a period of fifteen years from the date of discharge. The Applicant is directed to the Addendum, specifically the paragraphs titled Additional Reviews, Automatic Upgrades, and Post-Service Conduct .



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 Disabled American 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 their 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

  • USMC | DRB | 2005_Marine | MD0500150

    Original file (MD0500150.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized and the reason for the discharge be changed to “ELS.” The Applicant requests a documentary record discharge review. I look forward to hearing from you as soon as possible.Sincerely,R_ M_ G_ (Applicant) ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: DD Form 370 filed by H_ L. J_ Jr. DD...

  • NAVY | DRB | 2012_Navy | ND1200828

    Original file (ND1200828.rtf) Auto-classification: Denied

    However, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB determined there is credible evidence in the service record that the Applicant reported his pre-service alcohol use and alcohol-related incidents during the recruiting process. Relief 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,...

  • NAVY | DRB | 2007_Navy | ND0700765

    Original file (ND0700765.doc) Auto-classification: Denied

    ex-AA, USN ND07-00765 Current Discharge and Applicant’s Request Application Received: 20070515 Characterization Received: Narrative Reason: FRAUDULENT ENTRY INTO MILITARY SERVICE (OTHER) Authority: MILPERSMAN 1910-134 Applicant’s Request: Characterization change to: Narrative Reason change to: HONORABLE DISCHARGE Applicant’s Issues: 1. Discharge Process Date Notified: 20030625 Reason for Discharge: - - Least Favorable Characterization: Date Applicant Responded to Notification:...

  • NAVY | DRB | 2009_Navy | ND0900825

    Original file (ND0900825.rtf) Auto-classification: Denied

    Record of Service (No specific issues). The Board determined the characterization of service received, General (Under Honorable Conditions), was an appropriate characterization considering the length of service and the UCMJ violations involved, and without any post-service documentation provided 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...

  • USMC | DRB | 2015_Marine | MD1500356

    Original file (MD1500356.rtf) Auto-classification: Denied

    Based solely on the Applicant’s self-referral for treatment, the Separation Authority may not use the Applicant’s drug abuse in the determination of the Applicant’s characterization of service. 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 change to GENERAL (UNDER HONORABLE CONDITIONS) and the narrative reason for...

  • NAVY | DRB | 2006_Navy | ND0601064

    Original file (ND0601064.rtf) Auto-classification: Denied

    By a vote of the Reason for Discharge shall -ERRONEOUS ENLISTMENT.Summary of Service:Prior Service: Inactive: USNR (DEP) 19990414-19990509Active: NONE Period of Service Under Review: Date of Enlistment: 19990510Years Contracted:; Date of Discharge: 19990602 Length of Service: 00Yrs 00 Mos 23 Days (does not exclude lost time, if any)Time Lost During This Period: Education Level: Age at this Enlistment: AFQT: 54Highest Rate/Rank:FRPerformance Evaluation Averages:NOT APPLICABLEAwards and...

  • USMC | DRB | 2008_Marine | MD0801650

    Original file (MD0801650.rtf) Auto-classification: Denied

    Self-admission of a pre-existing condition is grounds for a fraudulent enlistment discharge.Despite the fact the Applicant is now recanting his admission, medical professionals at boot camp felt there was sufficient evidence to support his claim of alcohol dependency.The Applicant does not provide any additional documentation to support his claim that he was not alcohol dependent aside from his and his mother’s statements saying he lied. ” Additional Reviews : Subsequent to a document...

  • NAVY | DRB | 2012_Navy | ND1200198

    Original file (ND1200198.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief granted.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 but the narrative reason for separation shall change to SECRETARIAL AUTHORITY.The Applicant remains eligible for a personal appearance hearing...

  • NAVY | DRB | 2012_Navy | ND1201037

    Original file (ND1201037.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: 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 DISCHARGE REVIEW BOARD...

  • NAVY | DRB | 2009_Navy | ND0901811

    Original file (ND0901811.rtf) Auto-classification: Denied

    Representation: By a vote of the Characterization shall .By a vote of the Narrative Reason shall FRAUDULENT ENTRY.Discussion The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and the reason for discharge if such change is warranted.In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption,...